... 


I 


SPEECHES 

OF  THE 

GOVERNORS  OF  MASSACHUSETTS, 

FBOM 

1765  TO  1775 ; 

AXB 

THE  ANSWERS 

OF 

THE   HOUSE  OF  REPRESENTATIVES3 

TO  THE  SAME ; 

WITH  THEJU 

RESOLUTIONS  AND  ADDRESSES 

FOR  THAT  PERIOD. 

AXD  OTHKR 

PUBLIC    PAPERS, 

RELATING  TO  TUB 

DISPUTE  BETWEEN  THIS  COUNTRY  AND  GREAT  BRITAIN, 

WHICH  LED 
TO  THE  INDEPENDENCE  OF  THE  UNITED  STATES. 


BOSTON  : 

PRINTED  BY  RUSSELL  AND  GARDNER, 
mOPllIETORS  OF  THE  WORK. 

1818. 


DISTRICT  OF  MASSACHUSETTS TO  WIT  : 

District  Clerk's  Office. 

BE  IT  REMEMBERED,  that  on  the  seventh  day  of  December,  A.  D.  eighteen  hun 
dred  and  eighteen,  and  in  the  forty-third  year  of  the  Independence  of  the  United  States 
of  America,  RUSSELL  &  GARDNER,  of  the  said  District,  have  deposited  in  this  Office 
the  title  of  a  Book,  the  right  whereof  they  claim  as  Proprietors,  in  the  words  following, 
to  wit...."  Speeches  of  the  Governors  of  >Iassachuse.tts,  from  1765  to  1775;  and  the  An 
swers  of  the  House  of  Representatives,  to  the  same ;  with  their  Resolutions  and  Addresses, 
for  that  period,  and  other  Public  Papers,  relating  to  the  dispute  between  this  country 
and  Great  Britain* which  led  to  the  Independence  of  the  United  States." 

In  conformity  to  the  Act  of  the  Congress  of  the  United  States,  entitled  "An  act  for 
the  Encouragement  of  Learning',  by  securing  the  copies  of  Maps,  Charts  and  Books,  to 
the  Authors  and  Proprietors  of  such  copies,  during  the  time  therein  mentioned  ;"  and 
also  to  an  act,  entitled  "  An  act  supplementary  to  an  act,  entitled  An  act  for  the  En 
couragement  of  Learning,  by  securing  the  copies  of  Maps,  Charts  and  Boolis,to  the  Au 
thors  and  Proprietors  of  such  copies,  during  the  times  therein  mentioned  ;  and  extending 
the  benefits  thereof  to  the  arts  of  Designing,  Engraving  and  Etching  Historical,  and 
other  Prints." 

JOHN  W.  DAVIS, 
Clerk  of  the  District  of  MassQcfaiaiXfJ- 


INTRODUCTORY  REMARKS, 


,     BY  THE  EDITOR 


THE  Independence  of  the  United  States  of  America,  with 
respect  to  the  government  of  Great  Britain,  of  which,  from  their 
first  settlement,  they  had  been  colonies,  thus  making  a  part  of 
that  mighty  empire,  is  an  event  of  no  ordinary  magnitude.  The 
principles,  which  operated  to  produce  it,  are,  in  a  political  view, 
of  the  highest  moment  to  civilized  society ;  and  the  consequences 
have  been  such,  as  not  only  to  exceed  alt  calculation,  and  astonish 
the  most  sanguine  theorist,  but  to  promote,  in  a  wonderful  degree, 
the  freedom,  the  improvement,  and  the  best  interests  of  man.  It 
cannot,  then,  be  a  useless  labor  to  collate  and  preserve  the  docu 
ments,  which  serve  to  develope  the  characters,  and  to  exhibit  the 
views  and  principles  of  the  individuals,  who  were  instrumental  in 
eifccting  that  glorious  event. 

The  English,  who  first  settled  in  North  America^  were  men  of 
great  hardihood  and  enterprize.  And  in  addition  to  these  lofty 
qualities,  we  may  also  justly  attribute  to  them,  with  a  very  few 
exceptions,  an  unconquerable  love  of  civil  liberty.  Perhaps,  in  a 
few  instances,  adventurers  to  this  new  world  were  actuated  prin 
cipally  by  a  love  of  gain*  It  is  particularly  true,  however,  of  the 
first  English  inhabitants  of  Plymouth,  Massachusetts,  Rhode  Island 
and  Connecticut,  that  they  were  not  only  brave  and  enterprizing, 
but  strongly  attached  to  the  principles  of  civil  arid  religious  free 
dom.  In  truth,  this  sentiment  in  them  was  a  passion  ;  and  this 
passion  was  often  raised  to  enthusiasm.  Perhaps,  a  love  of  reli 
gious  liberty  was  their  predominant  trait  of  character.  Yet  they 
were  scarcely  less  tenacious  of  their  political,  than  of  their  reli- 


o  o  <• 

- 


4  INTRODUCTORY   REMARKS. 

gious  rights.  Many  of  them  were  men  of  education  and  reflection . 
They  lived  too  in  times  when  political  subjects  were  much  agita 
ted  ;  and  early  imbibed  a  spirit  of  free  inquiry  on  questions 
relating  to  the  end  and  design  of  civil  government. 

It  may  be  well  doubted,  whether  any  people,  who  were  advo 
cates  for  religious  freedom,  ever  discovered  any  indifference  to 
their  political  condition.  It  is  certain,  however,  that  this  incon 
sistency  cannot  be  justly  charged  upon  our  ancestors,  the  first 
inhabitants  of  New  England.  To  enjoy  liberty  of  conscience  in 
religious  worship,  was  their  principal  object  in  settling  a  wild  and 
savage  territory,  and  submitting  to  the  various  privations  and  suf 
ferings  necessarily  incident  to  their  situation.  But  it  is  abund 
antly  evident  from  their  history,  that  they  early  claimed  and 
exercised  the  powers  of  self  government — made  laws  (as  far  as 
was  necessary  to  add  to  the  common  law)  for  the  regulation,  de 
fence  and  support  of  the  colonies,,  and  openly  opposed  every 
attempt  to  control  their  own  authority  in  civil  concerns,  which  a 
mistaken  or  corrupt  ministry  in  England  ever  dared  to  make. 
They  exercised  the  various  prerogatives  of  sovereignty,  by  the 
infliction  of  capital  punishments  ;  maintaining  courts  of  judica 
ture,  from  which,  in  most  cases,  there  was  no  appeal ;  coining 
money  ;  raising  and  disbanding  troops  at  their  own  instance  and 
will ;  and  laying  their  taxes,  without  any  addition  or  interference 
from  the  government  of  Great  Britain.  Yet  they  acknowledged 
allegiance  to  the  Crown  of  England.  They  boasted  of  being  sub 
jects  of  the  British  King ;  and  readily  yielded  obedience  to  his 
requisitions,  though  they  claimed  the  merit  of  consenting,  or  of  a 
voluntary  compliance.  The  controling  and  paramount  authority 
of  the  King  or  Parliament  even,  was  not  indeed  denied*  on  the  one 
hand,  nor  exercised,  except  in  a  few  instances,  on  the  other,  but 
with  the  assent  and  approbation  of  the  colonists. 

*  Judge  Marshall,  in  the  introduction  to  his  Life  of  Washington,  says,  "the  authority 
of  Parliament  to  lay  taxes  on  the  colonies  was  denied  by  the  General  Court  of  Massachu 
setts  Bay  in  1692."  An  act  of  the  Governor,  Council  and  House  of  Representatives  of  this 
colony  in  October,  1692,  "setting  forth  general  privileges,  declared  and  enacted," 
among  other  things,  as  follows,  (which  is  the  only  declaration  we  have  been  able  to  find  to 
that  effect)  "that  no  aid,  tax,  assessment,  loan  or  imposition  whatever,  shall  be  laid,  as 
sessed,  imposed  or  levied,  on  any  of  their  Majesties  subjects,  on  any  color  or  pretence 
whatever,  but  by  the  ast  and  consent  of  the  Governor,  Council  and  Representatives  of  the  people, 
assembled  in  General  Court;  and  that  no  freeman  shall  be  taken  and  imprisoned,  or  de 
prived  of  his  freehold  or  liberty ;  nor  shall  he  be  judged:  or  condemned,  but  by  the  lawful 
judgment  of  his  P«rs,  or  the  laiv  of  this  Province*" 


INTRODUCTORY    REMARKS.  O 

The  distinction,  however,  it  must  be  acknowledged,  was  never 
fully  settled,  between  the  rights  or  claims  set  up  by  the  colonists, 
and  the  authority  asserted  by  the  King  and  Parliament  of  Great 
Britain.  There  was  no  formal  decision  on  the  subject,  and  no 
opinion  seems  to  have  obtained,  which  was  not  denied,  or  assented 
to  with  reluctance,  either  by  the  advocates  of  the  controling 
power  of  the  parent  country,  or  by  individuals  in  the  colonies. 
What  the  people  in  this  country  openly  and  explicitly  contended 
for,  was  the  sole  right  to  lay  internal  taxes,  while  at  the  same 
time  they  admitted  the  authority  of  the  British  government  to 
regulate  trade  and  commerce.  Whenever  the  question  was  agi 
tated  in  England,  it  was  there  contended,  that  they  might  right 
fully  impose  additional  internal  taxes,  as  well  as  raise  a  revenue 
for  the  Crown  by  duties  on  commercial  enterprizes.  The  only 
inquiry  with  the  ministry  seems  to  have  been,  as  to  the  policy  and 
expediency  of  such  measures. 

In  the  reign  of  George  II.  an  act  of  Parliament  was  passed  im 
posing  a  duty  on  sugars,  &c.  But  the  duty  was  small,  and  the 
act  was  not  very  rigidly  executed  ;  and  was,  therefore,  submitted 
to  without  much  complaint  or  opposition.  But  when,  in  the  reign 
of  George  III.  in  1764,  the  former  act  of  George  II.  was  con 
tinued  and  enforced,  the  duty  increased,  and  an  impost  also  laid 
on  the  article  of  molasses  brought  to  the  colonies  from  any  other 
than  British  plantations  in  the  West  Indies,  and  the  jurisdiction 
of  vice  admiralty  courts  was  enlarged,  by  which  the  people  were 
deprived  of  trial  by  juries  in  all  cases  relating  to  revenue  arising 
from  these  duties,  and  made  liable  to  unreasonable  and  oppres 
sive  suits — the  question  was  presented,  with  new  and  peculiar 
interest,  of  the  constitutional  right  of  Parliament  to  lay  any  taxes 
or  raise  any  revenue,  in  the  colonies,  except  in  so  far  as  the 
same  should  be  consented  to  and  voted  for  by  the  representatives 
of  the  people. 

It  was  abundantly  evident  to  the  apprehension  of  reflecting 
men  here,  that  the  British  ministry  of  that  period,  were  deter 
mined  to  raise  a  revenue  from  America,  to  enable  them  to  meet 
the  demands  on  that  government,  then  greatly  in  debt,  and  the 
officers  of  which  were  supported  at  an  enormous  expense.  The 
patriots  in  this  country  were  resolved  to  resist  this  system  at  the 


O  INTRODUCTORY  REMARKS. 

very  outset.  Their  first  objections,  however,  went  rather  to  the 
policy  and  equity -of  the  measure,  than  to  the  right  of  Parliament 
to  raise  and  collect  a  revenue  from  the  colonies,  as  will  be  seen 
by  some  of  the  papers  in  the  first  part  of  this  volume.  They  early 
contended,  indeed,  that  their  charter  guaranteed  to  them  the 
right  to  govern  and  tax  themselves  ;  and  that  they  and  their 
fathers  had  suffered  much  in  settling  and  defending  the  country, 
and  had  incurred  a  heavy  debt  for  their  own  protection  and  that 
of  the  other  British  settlements  against  the  common  enemy,  which 
would  be  a  great  burden  for  them  for  many  years  of  peace  and 
commercial  prosperity,  which  they  had  little  reason  to  expect,  so 
long  as  the  duties,  recently  imposed,  should  be  continued. 

This  opinion  was  advanced  and  urged  from  considerations  sug 
gested  by  some  expressions  in  their  charter,  which  seemed  to 
admit  of  the  construction,  that  the  colonists  were  to  enjoy  the 
entire  regulation  of  their  own  concerns  ;  for  they  believed  the 
charter,  not  so  much  a  grant  of  privileges,  revocable  at  the  plea 
sure  of  Parliament,  as  a  contract  between  the  British  government 
and  the  people  who  first  settled  this  country,  and  submitted  to 
various  hardships  and  sufferings  for  the  very  purpose  of  having 
the  right  to  legislate  for  themselves.  They  also  pleaded,  that 
they  were  originally  and  really  Englishmen.  They  neither 
claimed  nor  wished,  (at  that  period,)  to  be  independent  of  the 
parent  country,  but  acknowledged  themselves  as  making  a  part 
of  the  British  empire  ;  and  therefore  contended  for  a  participa 
tion  of  all  the  rights  and  privileges  of  British  subjects ;  one  of 
which,  and  that  fundamental  and  unalienable,  according  to  the 
constitution  and  charter  of  that  free  country,  was,  to  be  subject 
to  taxation  only  by  consent  of  their  own  representatives.  It  was 
not,  however,  till  after  much  oppression, '  and  some  hesitancy  on 
the  part  of  the  ministry,  and  the  high  claims  they  advanced  for 
royal  prerogative  and  parliamentary  authority  ;  not  until  the 
administration  pretended  to  a  right  to  legislate  for  and  bind  the 
colonies  in  all  cases  whatever;  and  did,  in  fact,  impose  heary 
and  new  duties  on  all  commercial  enterprizes ;  that  the  colonists 
proceeded  to  deny  the  constitutional  right  of  Parliament  to  tax 
them,  and  asserted,  to  the  fullest  extent,  the  principle,  that  all 
attempts  to  raise  taxes  here  by  the  British  government,  without 


INTRODUCTORY  REMARKS.  / 

the  consent  of  our  own  legislature,  was  arbitrary  and  tyrannical, 
and  ought  to  be  opposed  by  the  real  friends  of  liberty. 

As  early  as  1765,  resolutions  were  passed  by  the  representa 
tives  of  Massachusetts,  and  opinions  were  advanced  in  their  replies 
to  the  speeches  of  the  governors,  who  were  then  appointed  by 
the  Crown,  claiming  the  exclusive  right  of  laying  taxes  on  the 
people  in  this  colony ;  and  denying  the  constitutional  authority 
of  Parliament  to  impose  them.  The  year  preceding,  indeed,  they 
had  fully  expressed  their  doubts  of  the  authority  of  Parliament  in 
this  case,  and  the  conclusion  was  very  evident,  from  the  claims 
set  up,  and  the  arguments  then  advanced,  that  they  did  not  al 
low  such  a  right  in  the  government  of  the  parent  country.  The 
ministry  in  England  needed  additional  revenues  to  pay  off  the 
debt  of  the  nation  ;  and  being  satisfied  also  of  their  right  to  raise 
it  from  the  colonies,  (though  some  individuals  of  great  respecta 
bility  in  England  doubted  the  right,*  and  many,  the  policy,  of  the 
measure)  they  persevered  in  their  plan  of  laying  and  collecting 
imposts ;  and  thus  the  administration  in  England,  and  the  repre 
sentatives  of  the  people  here,  were  completely  and  fully  at  issue. 
The  papers  published  in  this  volume  will  shew  the  progress  of  the 
controversy,  and  furnish  particularly  the  arguments  and  opinions 
advanced  by  the  representatives  here  in  support  of  the  rights 
claimed  for  the  colonies. 

There  appears  riot  to  have  been  any  special  causes  in  opera 
tion  at  this  period,  to  produce  the  dispute  between  the  colonies 
and  the  parent  country.  That  such  a  dispute  should,  at  some 
period,  exist,  was  perhaps  to  be  expected  from  the  peculiar  situ 
ation,  the  nature  of  the  original  charter,  the  growing  population 
and  prosperity,  the  spirit  and  character,  of  the  colonists.  But  at 
the  time  of  which  we  speak,  and  just  previous  to  (lie  controversy, 

*  At  the  time  the  stamp  act  passed,  and  others,  providing  for  raising  a  revenue  on  the 
colonies,  several  members  of  the  House  of  Commons  opposed  the  measures,  on  the  ground  of 
their  heing  inconsistent  with  the  rights  granted  us  by  charter.  And  in  1689,  when  the  Rev. 
Dr.  Mather  applied  to  King  William,  for  a  renewal  of  the  charter  of  this  Province,  which, 
had  been  a  few  years  before  vacated,  under  the  arbitrary  reign  of  the  Stuarts,  Dr.  Bwnet, 
then  Bishop  of  Salisbury,  is  stated  to  have  said,  "  that  there  was  a  greater  sacredness  in  the 
charter  of  New  England,  than  in  the  corporations  in  England  ;  because  these  were  only 
acts  of  grace,  whereas  the  charter  of  New  England  was  a  contract  between  the  King  and 
the  first  patentees.  They  promised  the  King  to  enlarge  his  dominions  at  their  own  charges, 
provided  tkey  and  their  posterity  might  enjoy  such  and  such  privileges.  They  had  per 
formed  their  part ;  and  for  the  King  to  deprive  their  posterity  of  the  privileges  therein 
granted  them,  would  carry  a  face  of  injustice  in  it." 


8  INTRODUCTORY   REMARKS. 

the  attachment  of  the  people  here  to  the  government  and  people 
of  England  was  never  more  sincere  and  ardent.  They  had  lately 
been  united  in  a  war  for  defence  against  those  considered  the  nat 
ural  enemies  of  the  English.  The  promptness  and  bravery  of  the 
provincial  troops,  and  the  liberality  of  the  colonial  legislatures, 
in  raising  an  army  to  act  with  British  regulars,  were  highly  com 
mended  by  the.  English  at  home.  They  knew  that  the  services 
and  expenses  of  the  colonists  were  of  great  extent,  and  served  to 
promote  the  interests  and  honor  of  Great  Britain  herself.  Our 
people  also  had  been  much  conversant  with  the  British,  and  could 
not  but  admire  many  traits  of  their  character.  Nor'  do  we  be 
lieve,  that  the  opposition  to  the  authority  claimed  by  the  British 
ministry,  and  the  dispute  agitated  at  this  period,  is  to  be  attri 
buted  in  any  degree  to  a  spirit  of  ambition  or  rivalship  in  those 
who  were  considered  the  leaders  on  the  part  of  the  colonies.  It 
will  not  be  pretended  that  the  patriots  of  that  day  were  not  men 
of  like  passions  with  others  of  our  race.  And  it  is  possible,  that 
in  a  few  cases,  an  envious  or  restless  disposition  had  some  influ 
ence.  But  we  feel  confident,  that  the  remark  is  very  generallj 
true,  when  we  attribute  to  the  leading  men  in  opposition  to  the 
measures  of  the  British  administration,  sincerity,  patriotism,  and 
the  most  upright  and  disinterested  intentions.  It  surely  was  not 
their  object  to  strip  others  of  power,  that  they  might  themselves 
tyrannize  over  their  fellows.  It  was  not  their  wish  to  obtain  lu 
crative  offices,  then  in  the  hands  of  others,  that  they  might  revel 
in  opulence  and  luxury.  Nor  can  it  justly  be  said  of  them,  that 
they  were  either  visionary  theorists,  contending  for  a  form  of  gov 
ernment  which  was  impracticable  ;  or  that  they  were  advocates 
for  a  democratic  and  levelling  system  which  would  exclude  all 
authority  from  legislators  and  rulers,  and  place  men  in  a  situation 
which  they  hold  by  nature.  But  they  did  contend  for  the  rights 
given  them  by  their  charter,  and  to  which  they  were  constitu 
tionally  entitled  as  subjects  of  the  free  government  of  Great 
Britain  ;  and  therefore  bound  by  no  laws,  to  which  their  repre 
sentatives  had  not,  in  their  name,  assented.  These  rights  they 
strenuously  asserted  ',  for  these  they  firmly  and  perseveringly 
contended. 


INTRODUCTORY  REMARKS. 

We  mean  not  to  claim  for  Massachusetts  all  the  merit  of  oppo 
sition  to  the  arbitrary  measures  of  Great  Britain,  nor  all  the 
influence  which  was  exerted  to  effect  the  revolution.  Other  col 
onies  were  fqrWard  and  decisive  in  disapproving  of  the  power 
claimed  by  the  British  ministry,  of  that  period,  over  the  people  in 
these  provinces  ;  and  readily  united  with  Massachusetts  in  mea 
sures  of  redress.  Virginia,  so  early  as  1765,  passed  resolutions, 
declaring  their  sense  of  charter  rights  and  privileges,  with  which 
the  authority  then  claimed  by  Parliament  to  impose  taxes,  on  the 
colonies,  was  totally  incompatible. 

Before  this,  and  some  time  in  1764,  the  Assemblies  of  New 
York  and  Pennsylvania,  had  presented  memorials  to  the  King 
and  Parliament,  stating  objections  to  the  acts  of  the  British  gov 
ernment  for  raising  revenues  in  the  colonies,  and  asserting  their 
sole  right  to  impose  taxes  on  their  constituents.  These  last; 
though  prior,  in  point  of  time,  to  the  Virginia  resolutions,  were 
not  so  direct  and  explicit  in  the  denial  of  the  right  claimed  by  the 
British  ministry  to  tax  the  colonists  ;  but,  like  the  memorial  of 
Massachusetts,  in  November,  1764,  contained  a  remonstrance 
against  such  a  measure;  and  stated,  that,  by  their  charter,  and  ac 
cording  to  ancient  usage,  no  taxes  ought  to  be  laid,  or  duties  col 
lected  in  the  colonies  without  the  consent  of  the  Representatives 
of  the  people  here.  We  believe,  however,  that  the  history  of 
those  times  will  'abundantly  shew,  that  the  House  of  Representa 
tives  in  Massachusetts  was  the  most  firm,  systematic  and  perse 
vering  in  its  .efforts  for  the  repeal  of  these  oppressive  acts,  in 
exciting  a  just  sense  of  our  rights  and  our  dangers,  and  in  rousing 
the  spirit  of  the  people  generally  to  make  a  solemn,  decisive 
stand,  which  involved  the  alternative  of  liberty  or  death. 

In  January,  1764,  the  Council  and  House  of  Representatives  of 
Massachusetts  wrote  to  their  agent  in  England,  respecting  the 
sugar  act,  before  mentioned,  as  follows :  u  There  are  certain  acts 
of  Parliament,  which  contain  clauses  extremely  detrimental  to 
the  trade  and  fishery  of  this  province,  the  ill  influence  of  which 
is  not  confined  thereto,  but  extends  to  Great  Britain  itself,  par 
ticularly  an  act  made  in  the  6th  year  of  his  late  Majesty,  entitled 
an  act  for  the  better  securing  and  encouraging  the  trade  of  his 
Majesty's  sugar  colonies  in  America ;  whereby,  among  other 


10  INTRODUCTORY  REMARKS. 

things,  is  imposed  a  duty  of  six  pence  per  gallon  on  all  molasses 
or  syrups,  and  five  shillings  per  hundred  weight  on  all  sugars  of 
foreign  produce  imported  into  any  of  the  plantations  of  America. 
This  act  was  originally  obtained,  and  has  been  continued  by  the 
great  influence  of  the  sugar  colonies,  in  Parliament,  without  any 
prospect  of  revenue  or  rational  advantage  resulting  from  it,  The 
case,  however,  is  now  altered.  The  ministry  have  adopted  this 
act,  and  seem  disposed  to  raise  a  revenue  from  it ;  for,  in  pursu 
ance  of  orders  from  the  lords  of  the  treasury,  the  officers  of  the 
customs  here  have  lately  given  public  notice,  that  said  act,  in  all 
its  parts,  will  be  carried  fully  into  execution ;  the  consequences 
of  which  will  be  ruinous  to  the  trade  of  this  province,  hurtful  to 
all  the  colonies,  and  greatly  prejudicial  to  the  mother  country. 
The  cod  fishery  in  this  province  will  be  wholly  broken  up,  the 
yearly  amount  of  which  is  upwards  of  ^164,000.  The  loss  of 
the  fishery  will  occasion  more  than  five  thousand  seamen  to  be 
immediately  turned  out  of  employment,  who,  with  most  of  our 
shipwrights  and  other  mechanics,  will  be  under  a  necessity  of 
quitting  the  province,  being  utterly  unfit  for  the  business  of  hus 
bandry  ;  and  after  them  it  is  easy  to  see  that  a  considerable  part 
of  our  other  inhabitants  will  follow  ;  so  that  we  shall  make  a  re- 
frogradation  in  our  condition,  and  become  what  we  were  a 
century  ago,  a  poor  colony  of  husbandmen,  unable  to  make  use  of 
the  manufactures  of  our  mother  country,  and  under  the  necessity 
of  living  within  ourselves. 

"  With  regard  to  Great  Britain,  a  prohibition  of  our  trade  to  the 
foreign  plantations  will  lessen  her  own  trade,  and  increase  that  of 
France,  her  rival  and  natural  enemy." 

u  It  had  been  suggested,"  they  observed,  "  that  the  original 
design  of  the  act  laying  a  duty  on  sugar,  molasses,  &c.  had  been 
altered ;  and  that  it  was  intended,  not  as  a  prohibition  or  re 
straint  on  the  trade  of  the  colonies  in  these  articles,  but  to  raise  a 
revenue  ;  and  that  other  measures  for  that  purpose  had  been  pro 
posed — we  cannot,  therefore,  help  expressing  our  concern  upon 
this  occasion.  We  are  empowered  by  our  charter  (and  his  Ma 
jesty's  other  colonies  are  empowered  by  the  commissions  under 
which  they  are  governed,)  to  raise  monies  for  the  support  of  our 
government.  If  duties  or  taxes  are  to  be  laid  upon  us  in  any  one 


INTRODUCTORY   REMARKS.  11 

instance,  what  assurance  have  we  that  they  will  not  be  so  multi 
plied  as  to  render  this  privilege  of  no  importance  io  us  ?  We 
have  at  all  times  done  every  thing  which  could  be  expected  of  us 
in  support  of  his  Majesty's  government.  We  are  still  disposed  to 
do  every  thing  in  our  power  ;  and  hope  it  will  be  thought  as  rea 
sonable,  that  the  assemblies  of  the  colonies  should  determine  what 
monies  should  be  raised  upon  the  inhabitants  here,  as  that  the 
Parliament  of  Ireland  should  determine  the  monies  to  be  raised 
upon  the  inhabitants  there.  The  growth  of  the  colonies  depends 
upon  the  enjoyment  of  their  liberties  and  privileges."* 

The  views  and  dispositions  of  the  people  of  Massachusetts  may 
be  fully  perceived  by  this  statement.  In  their  petition  and  me 
morial  in  November  following,  they  speak  more  explicitly,  and 
remonstrate  against  the  authority  of  Parliament  to  impose  taxes 
on  the  colonies  with  more  firmness  and  precision.  This  memo 
rial,  however,  was  penned  with  great  temperance  and  caution, 
and  contained  expressions  of  unshaken  loyalty  and  allegiance  to 
the  King.  Governor  Bernard,  in  his  speech,  at  the  next  session 
of  the  General  Court,  complimented  them  for  their  great  modera 
tion. 

The  phraseology  used  in  the  preamble  of  the  bills  for  raising 
and  granting  taxes  in  the  General  Court  in  Massachusetts,  would 
seem  to  imply  very  clearly,  that  the  power  and  right  to  tax  the 
colonies  and  to  raise  monies  from  them,  were  exclusively  in  the 
houses  of  assemblies  here.  It  was  called  a  grant  to  his  Majesty, 
for  the  use  and  service  of  the  colony.  In  February,  1765,  two 
acts  passed,  in  which,  by  way  of  preamble,  this  language  and 
phraseology  are  used ;  one  for  imposing  duties  on  wines  and  dis 
tilled  spirits,  and  the  other,  a  duty  of  impost  and  tonnage.  And 
there  was  always  a  readiness  thus  to  raise  monies  by  the  repre 
sentatives  of  the  people  here,  to  pay  the -troops  of  the  colonies 
which  had  been  enlisted  by  requisition  of  the  Kin£,  and  to  pay 
debts  incurred  for  the  common  defence. 

It  was  soon  evident,  however,  that  the  ministry  were  resolved 
to  raise  a  revenue  from  the  colonies  for  the  support  of  govern 
ment  ;  though  it  was  pretended  it  was  necessary  and  should  be 

*  The  committee  who  prepared  this  letter  were  T.  Hutchinson,  J.  Bowdoin,  Judge  Ru~ 
sell,  O.  Thacher,  and  Mr.  Tyler. 


12  INTRODUCTORY  REMARKS. 

applied  to  pay  the  troops  stationed  on  oar  frontiers  for  the  defence 
of  the  colonists,  and  to  lessen  the  debt  already  incurred  for  our 
protection.  The  ministry,  indeed,  appeared  willing  to  compro 
mise  with  the  colonies,  when  they  objected  to  the  acts  imposing 
duties  ;  and  proposed,  that  the  tax  should  be  such  as  they  them 
selves  should  desire,  provided  they  raised  the  amount  required 
of  them.  The  reply  of  the  Representatives  of  Massachusetts  was, 
that  by  paying  the  debt  incurred  by  the  colony  in  prosecuting 
the  late  war,  we  should  be  taxed  to  a  very  great  amount,  and 
fully  equal,  considering  our  population  and  wealth,  to  the  tax 
which  the  parent  country  would  have  to  raise  for  the  same  pur 
pose.  They  declared  their  unwillingness  to  add  to  the  burdens 
of  the  people,  and  expressed  the  opinion,  that  it  would  be  arbi 
trary  and  unconstitutional,  as  well  as  oppressive  in  the  Parliament, 
to  impose  any  other  taxes.* 

The  stamp  act  was  not  passed  at  the  session,  when  first  pro 
posed  ;  so  that  the  people  here  had  time  to  consider  its  nature 
and  consequences.  And  with  this  in  apprehension  and  under  the 
operation  of  those  before  mentioned,  a  great  excitement  was  pro 
duced  in  the  public  feelings,  and  an  open  and  decided  opposition 
was  generally  expressed  against  the  authority  of  Parliament  thus 
assumed  to  tax  the  colonies.  This  act  was  considered,  indeed,  as 
the  prelude  to  still  more  oppressive  and  despotic  measures.  The 
people  refused  to  purchase  or  use  the  stamps  ;  and  the  persons 
appointed  to  distribute  them  were,  in  some  instances,  treated 
with  gross  insult.  Some  riots  ensued,  which  were  very  unjustifi 
able  ;  and  which  the  most  decided  advocates  for  colonial  privi 
leges  did  not  attempt  to  excuse.  But  it  was  pretended  by  the 
officers  and  friends  of  the  British  ministry,  that  the  men  of  influ 
ence  here  did  not  exert  their  influence  to  punish  the  authors  of 
these  disturbances  ;  and  representations  were  made  to  those  in 
authority  in  England,  that  an  armed  force  was  necessary  to  pre 
serve  the  peace  of  the  province.  In  April,  1765,  the  mutiny  bilj 

*  Mr.  Agent  Jack%on,  in  a  letter  to  Governor  Bernard,  February,  1765,  says,  "  In  the 
course  of  the  debates  in  both  Houses,  on  repealing  the  stamp  act,  it  has  appeared,  that 
it  never  was  the  practice  of  England,  to  lay  internal  taxes  on  her  dominions  which  were 
-  not  represent.  or  that,  if  this  practice  was  ever  varied  from,  it  was  always  complained 
of,  and  the  practic  ?  either  dropped,  or  a  representation,  called  to  sit  in  Parliament  soon 
after." 


INTRODUCTORY  REMARKS.  13 

was  introduced  into  Parliament,  under  the  pretence  of  rebellion 
in  Massachusetts,  and  to  justify  the  sending  and  stationing  of 
regular  troops  in  the  colonies.  It  was  soon  discovered  that  sev 
eral  men  high  in  office  and  power  here,  had  given  exaggerated 
statements  of  the  views  and  conduct  of  the  people  ;  and  that  the 
acts  complained  of,  as  destructive  of  our  freedom,  had  been 
adopted  in  consequence  of  such  representations.  This  increased 
the  excitement  among  the  people,  and  the  situation  of  the  coun 
try  became  more  critical  and  alarming.  In  general,  however, 
popular  tumult  was  restrained,  and  the  fervor  of  the  people,  some 
times  greatly  augmented  by  the  measures  of  the  British  ministry 
at  home,  or  of  their  officers  here,  was  limited  and  controled. 

That  no  greater  extravagancies  were  committed,  at  that  period 
of  popular  excitement  and  commotion,  must  be  attributed  to  the 
sober  and  moral  character  of  the  people  in  the  colony  ;  who, 
though  enthusiastically  attached  to  civil  liberty,  were  habituated 
to  obedience  of  all  lawful  authority,  and  readily  acknowledged 
the  necessity  of  maintaining  the  legitimate  power  of  government. 

They  opposed  the  measures  of  the  British  ministry  from  prin 
ciple.  And  their  conduct  was  firm,  consistent  and  persevering  in 
attaining  the  object  for  which  they  contended.  The  struggle  was 
perilous,  but  the  issue  was  successful  and  glorious.  It  is  unne 
cessary,  however,  to  narrate  in  detail  the  measures  adopted,  and 
the  events  which  occurred  from  this  time  to  the  period  when  a 
resort  was  had  to  force,  and  war  actually  commenced  between 
the  colonies  and  Great  Britain.  This  statement,  concise  and 
imperfect  as  it  is,  it  was  believed  might  be  useful,  as  introductory 
to  a  perusal  of  the  papers  now  given  to  the  public  in  this  volume. 


NOTE.' 

As  the  question,  agitated  at  the  period,  for  which  this  volume 
furnishes  public  documents,  viz.  the  authority  of  Parliament  to 
make  laws  for  the  colonies,  was  one  which  occasioned  the  great 
collision  between  England  and  this  country,  and  was,  indeed, 


14:  INTRODUCTORY    REMARKS. 

the  principal  matter  in  controversy,  it  is  thought  proper  to  add 
here,  the  following  notices,  which  the  Editor  has  collected,  since 
preparing  the  foregoing  remarks. 

In  1640,  a  motion  was  made  to  Governor  Winthrop  and  his 
Council,  to  send  some  person  to  England,  to  solicit  favors  and 
privileges  of  Parliament.  But  they  declined  ;  observing,  "  that, 
if  they  should  put  themselves  under  the  protection  of  Parliament, 
they  should  be  subject  to  all  such  laws  as  might  be  imposed  on 
them;  in  which,  though  their  good  might  be  intended,  great  in 
jury  might  really  be  done  them."  Referring  to  this,  Governor 
Trumbull  remarks,  "  as  at  that  early  period,  so  it  hath  been 
ever  since,  that  the  colonies,  so  far  from  acknowledging  the 
Parliament  to  have  a  right  to  make  laws  binding  on  them  in  all 
cases,  have  denied  [or  rather  not  acknowledged]  it  in  any 
case."  In  June,  1661,  the  General  Court  adopted  the  follow 
ing  resolutions,  viz.  "We  conceive  the  patent,  under  God,  to 
be  the  first  and  main  foundation  of  our  civil  polity,  by  a  Gover 
nor  and  Company.  The  Governor,  Deputy  Governor,  Assist 
ants,  and  Representatives,  have  full  power  and  authority,  both 
legislative  and  executive,  for  the  government  of  the  people 
here,  concerning  both  ecclesiastics  and  in  civils,  without  ap 
peals,  excepting  laws  repugnant  to  the  laws  of  England.  We 
conceive  any  imposition,  prejudicial  to  the  country,  contrary  to 
any  just  laws  of  ours,  not  repugnant  to  the  laws  of  England,  to 
be  an  infringement  of  our  rights.  This  government  hath  also 
power  to  set  up  all  sorts  of  officers,  as  well  superior  as  inferior, 
and  point  out  their  power  and  places." 

Governor  Endicott,  in  the  name  of  the  General  Court,  about 
the  same  period,  supplicated  King  Charles  II.  "  for  his  gracious 
protection  of  the  people  here,  in  the  continuance  of  civil  privi 
leges  and  religious  liberties,  the  enjoyment  of  which  was  the 
known  end  of  suing  for  the  patent  confirmed  upon  this  planta 
tion  by  his  royal  father  ;"  and  "  if  the  King  or  Parliament  should 
demand  what  those  privileges  are,  which  we  desire  the  contin 
uance  of,  (the  committee  of  the  General  Court  say  to  their 
agents,)  your  answer  may  be,  all  those  which  are  granted  us  by 
patent,  which  we  have  hitherto  enjoyed,  without  any  other 


INTRODUCTORY   REMARKS.  15 

power  imposed  over  us,  or  any  other  infringement  of  them, 
which  would  be  destructive  to  the  end  of  our  coming  hither;  as 
also  that  no  appeals  may  be  permitted  from  hence  in  any  case, 
civil  or  criminal,  which  would  be  an  intolerable  burden,  and 
render  authority  and  government  vain  and  ineffectual."  Sir 
W.  Jones,  Attorney  General,  told  King  James,  "  that  he  could 
no  more  grant  a  commission  to  levy  money  on  his  subjects  in 
Jamaica,  (though  a  conquered  island,)  without  their  consent, 
than  they  could  discharge  themselves  from  their  allegiance  to 
the  English  Crown."  Even  in  1766,  the  very  year  Parliament 
declared  their  right  to  impose  taxes,  and  to  make  laws  for  the 
colonies  in  all  cases,  the  Governor  here  was  instructed  (by  the 
British  ministry,  in  the  name  of  the  King)  to  "  recommend"  to 
the  General  Court  to  make  compensation  to  those  who  suffered 
by  the  riots  in  August,  1765. 

In  1757,  when  Lord  Loudon,  then  first  in  military  command 
in  the  colonies,  directed  that  some  British  troops  should  be  quar 
tered  in  Boston,  and  called  also  upon  this  province  for  more 
troops,  the  General  Court  did  not  consider  themselve  obliged 
to  comply  merely  on.  this  requisition.  But  they  debated  the 
matter  5  they  claimed  the  right  of  deciding  on  the  request. 
They  even  refused,  for  a  time,  to  quarter  the  troops  in  the  town 
of  Boston,  and  they  insisted  that  a  law  of  the  province  was  ne 
cessary  to  legalize  any  such  requisition.  "  We  conceive,"  they 
said,  "  that  when  his  Majesty's  forces  are  to  be  quartered  in 
the  province,  an  act  of  the  Legislature  is  requisite  to  empower 
the  civil  magistrates  to  do  it." — "  We  beg  leave  further  to  ob 
serve,  that  the  inhabitants  of  this  province  are  entitled  to  the 
natural  rights  of  English  born  subjects  ;  that  by  the  royal  char 
ter,  the  powers  and  privileges  of  civil  government  are  granted 
to  them  ;  that  the  enjoyment  of  these  rights,  powers  and  privi 
leges,  is  their  support  under  all  burdens  and  pressures  ;  the  loss 
or  hazard  of  them  will  deject  and  dispirit  them."  The  charter 
did  not  allow  even  the  King's  Governor  to  carry  the  inhabitants 
out  of  the  province,  without  the  consent  of  the  General  Court. 
In  1761,  Secretary  Oliver,  by  order  of  the  General  Court,  wrote 
to  Mr.  Agent  Bollan,  in  England,  that  the  Legislature  here,  con 
sidered  they  had  a  right  by  charter  to  pass  a  law,  which  should 


16  INTRODUCTORY    REMARKS. 

suspend  even  a  former  law,  assented  to  and  approved  by  his 
Majesty,  (which  was  necessary  as  to  some  particular  acts  passed 
here)  until  his  Majesty's  pleasure  was  known  ;  and  he  was  di 
rected  to  defend  to  the  utmost,  the  General  Court's  power  of 
legislation,  in  its  full  extent,  according  to  the  charter. 


MASSACHUSETTS  STATE  PAPERS. 

1765 1775. 

SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  OCT.  18,  1764. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives. 

i  IN  the  last  session  I  informed  you  of  my  determination  to 
avoid  frequent  sessions  as  much  as  possible  ;  and  therefore  I  de 
sired  that  you  would  not  postpone  any  public  business,  that  could 
not  conveniently  wait  till  the  winter ;  it  not  being  my  intention 
to  have  another  session  before  that  time,  unless  something  unex 
pected  and  unforeseen  should  require  it.  And  accordingly,  you, 
gentlemen  of  the  House  of  Representatives,  made  such  provisions 
as  you  thought  sufficient,  for  instructing  your  agent,  and  other 
wise  supporting  your  interest  at  Great  Britain,  under  the  present 
exigencies  ;  which  have  not,  that  I  know,  been  materially  altered 
since  that  time. 

Nevertheless,  as  several  gentlemen  of  both  Houses  have  signi 
fied  to  me  their  apprehension  that  some  further  provisions  are 
still  necessary,  for  the  maintaining  the  territorial  rights  and  com 
mercial  interests  of  this  Province,  by  a  proper  representation  of 
the  same,  I  have  thought  fit  to  call  you  together  at  this  time,  in 
convenient  incfeed  in  regard  to  the  season  of  the  year,  but  timel j 
for  the  business  for  which  you  are  assembled. 

And  now  you  are  met,  I  shall  leave  you  to  your  own  delibera 
tions  :  It  may  be  thought,  perhaps,  that  I  am  not  impartial  and 
independent  enough  to  be  your  counsellor  ;  but  I  am  sure,  I  am 
truly  and  heartily  a  friend  to  your  real  interest.  As  such,  I  shall 
take  upon  me  to  recommend  to  you,  at  this  time  more  than  ever, 
3 


18  MASSACHUSETTS  STATE  PAPERS. 

unity,  prudence,  and  moderation  :  the  first  is  necessary  to  give 
your  resolutions  due  weight ;  the  next  to  direct  them  to  proper 
purposes  ;  and  the  last  to  obtain  for  them  a  favorable  hearing. 

FRA.   BERNARD. 
Council  Chamber,  October  18, 1764. 


ANSWER 

OF  THE  COUNCIL  AND  HOUSE  OF  REPRESENTATIVES,  TO  THE  FOREGOING 
SPEECH,  NOVEMBER  3,  1764. 

May  it  please  your  Excellency. 

YOUR  Excellency's  speech  to  the  two  Houses,  gives  us  great 
pleasure,  as  it  furnishes  us  with  an  opportunity  of  expressing  our 
sentiments  to  your  Excellency  on*a  matter  of  the  last  importance, 
not  only  to  this  Province  in  particular,  but  to  the  colonies  in  gen 
eral.  What  we  refer  to,  and  what  your  Excellency's  speech  refers 
to,  is  the  late  act  of  Parliament  for  granting  certain  duties  in 
the  British  colonies  and  plantations  in  America ;  to  which  act  we 
humbly  apprehend  we  may  propose  our  objections,  at  the  same 
time  we  acknowledge  it  to  be  our  duty  to  yield  obedience  to  it  while 
it  continues  unrepealed.  With  your  Excellency's  leave  we  shall 
here  just  touch  upon  the  principal  grievances  which  we  apprehend 
ourselves  under  by  means  of  said  act,  and  would  humbly  submit 
them  to  the  consideration  of  our  superiors  at  home.  The  most  ma 
terial  are  these,  that  said  act  essentially  affects  the  civil  rights  and 
commercial  interests  of  the  colonies ;  and  affecting  these  last,  will 
proportionally  affect  the  commercial  interests  of  Great  Britain. 
The  civil  rights  of  the  colonies  are  affected  by  it,  by  their  being  de 
prived,  in  all  cases  of  seizures,  of  that  inestimable  privilege  and 
characteristic  of  English  liberty,  a  trial  by  jury.  The  courts  of 
admiralty,  at  which  such  cases  are  triable,  are  constituted  without 
juries  5  and  not  only  so,  but  interested  in  the  event  of  the  trial. 
In  all  condemnations,  the  judge  and  officers,  according  to  the  prac 
tice  of  that  court,  have  a  twentieth  part  of  the  whole  value  of  the 
articles  condemned  ;  but  in  case  of  acquittal  are  entitled  only  to 
customary  fees,  which,  in  many  instances,  bear  but  a  small  propor 
tion  to  the  amount  of  said  twentieth.  The  manifest  tendency  of 
which  is,  to  produce  decrees  of  condemnation,  where  there  is  no 
just  cause  of  seizure;  though  with  respect  to  the  present  judge  for 
thisProvince,  we  apprehend  he  is  not  to  be  biassed  by  such  a  motive. 
In  regard  of  the  commercial  interests  of  the  colonies,  they  are 
affected  in  a  double  respect — by  the  method  of  procedure  in  cases 
of  forfeiture,  and  by  the  duty  laid  on  some  of  the  enumerated  arti- 


MASSACHUSETTS  STATE  PAPERS.  19 

cles.  With  respect  to  the  first,  all  forfeitures  and  penalties  in 
flicted  by  said  act,  or  any  other  act  of  Parliament  relating  to  the 
trade  arid  revenues  of  the  colonies,  and  incurred  here,  may,  at 
the  election  of  the  informer  or  prosecutor,  be  prosecuted,  either  in 
any  court  of  admiralty  in  the  said  colonies  where  the  offence  shall 
be  committed,  or  in  any  court  of  vice  admiralty  which  may  be  ap 
pointed  over  all  America. 

The  last  mentioned  court  has  been  appointed  and  now  exists  ; 
and  all  prosecutions  referred  to  in  the  act  may  be  brought  to  it. — 
In  which  case,  the  claimant,  as  some  construe  the  act,  may  have 
five  hundred  leagues  to  travel  in  order  to  enter  his  claim  ;  it  being 
very  supposable  that  the  prosecutor  would  lay  him  under  all  pos 
sible  difficulties  to  prevent  his  claiming  5  in  which  case  he  would  be 
sure  of  a  decree  in  his  favor.  And  though  the  claimant  should  be 
put  to  the  difficulty  and  expense  of  going  that  distance,  he  will  not 
be  permitted  to  enter  his  claim  until  sufficient  security  be  first  giv 
en  by  persons  of  known  ability,  in  the  penalty  of  a  certain  sum,  to 
answer  the  costs  and  charges  of  prosecution/  And  in  default  of 
giving  such  security,  the  ship  or  goods  shall  be  adjudged  forfeited, 
and  condemned.  After  all  this  difficulty  and  expence,  (however 
unreasonably)  brought  upon  him,  if  sentence  shall  be  given  for  the 
claimer,  ana  it  shall  appear  to  the  judge  that  there  was  a  probable 
cause  for  seizure,  he  shall  certify  that  there  was  such  probable 
cause  ;  and  in  that  case,  the  defendant  shall  not  be  entitled  to  any 
costs  of  suit  whatever  5  nor  shall  the  persons  seizing  be  liable  to 
any  action  on  account  of  such  seizure.  This  being  very  obvious, 
the  grievances  which  must  follow,  need  no  illustration  ;  and  there 
fore  we  shall  proceed  to  mention  wherein  the  commercial  interests 
of  the  colonies  are  affected  by  the  duty  and  restraint  laid  on  some 
of  the  enumerated  articles.  We  shall  instance  in  the  fishery  and 
lumber  trade  only.  In  respect  of  the  first,  it  will  be  greatly  di 
minished  by  means  of  the  duty  on  foreign  molasses.  Our  pickled 
fish  wholly,  and  a  great  part  of  the  cod  fish,  are  fit  only  for  the 
West  India  market.  The  British  Islands  cannot  take  oft*  one 
third  of  the  quantity  caught ;  the  other  two  thirds  must  be  lost,  or 
sent  to  the  foreign  plantations,  where  molasses  are  given  in  ex 
change.  The  duty  on  this  article  will  greatly  diminish  its  impor 
tation  hither  ;  and  being  the  only  article  allowed  to  be  given  in 
exchange  for  our  fish,  a  less  quantity  of  the  latter  will  of  course  be 
exported.  The  obvious  effect  of  which  must  be  the  diminution  of 
the  fish  trade,  not  only  to  the  West  Indies,  but  to  Europe  ;  fisk 
suitable  for  both  those  markets  being  the  produce  of  the  same  voy 
age.  If,  therefore,  one  of  these  markets  be  shut,  the  other  cannot 
be  supplied.  The  loss  of  one  is  the  loss  of  both,  as  the  fishery 
must  fail  with  the  loss  of  either. 

In  respect  to  lumber,  it  is  not  to  be  sent  to  any  part  of  Europe, 
excepting  Great  Britain.  The  hardship  of  this  restraint  appears 
the  greater,  as  that  article  does  not  interfere  with  the  produce  of 


20  MASSACHUSETTS  STATE  PAPERS. 

Britain  ;  and  the  colonies  have  an  ample  fund  of  it  to  supply  every 
demand,  not  exclusive  of  her  own. 

Now  these  duties,  restraints  and  regulations,  we  humbly  appre 
hend  will  greatly  affect  the  commercial  interests  of  our  mother 
country.  It  is  certain  they  will  lessen  the  trade  of  the  colonies., 
which  is  the  source  of  their  ability  to  pay  for  the  British  manufac 
tures  they  consume.  In  the  proportion  that  this  source  fails,  the 
importation  and  consumption  of  those  manufactures  will  lessen.* 

The  national  debt  is  heavy,  and  we  suppose  the  American  act 
was  intended  to  lighten  it.  But,  without  entering  into  the  consi 
deration  of  the  propriety  of  such  a  measure,  it  is  probable  it  will 
not  answer  that  intention.  The  only  certain  effect  of  it  will  be,  the 
diminution  of  the  trade  of  the  colonies,  and  a  proportionable  diminu 
tion  of  the  trade  of  GreatBritain.  The  circumstances  of  the  colonies, 
however  opulent  they  may  be  represented,  will  not  admit  of  money 
being  drawn  from  them  by  taxes  or  duties ;  and  this  is  demonstra- 
bly  evident  from  this  single  fact,  that  the  balance  of  their  trade  with 
Great  Britain  has  perpetually  been  and  still  is  against  them.  And 
all  the  bills  of  exchange,  and  silver  and  gold,  which  are  the  pro 
duct  of  their  other  trade,  are  not  sufficient  to  pay  this  balance. 
This  we  know  and  feel  to  be  fact  with  regard  to  this  Province. 
Whatever,  therefore,  is  taken  from  us  by  way  of  tax,  will  occasion 
just  so  much  deficiency  in  the  payment  of  said  balance,  and  event 
ually  will  be  just  so  much  loss  to  the  trade  of  Britain. 

This  being  the  case,  with  the  utmost  deference  to  our  superiors, 
we  humbly  apprehend  it  would  be  for  the  interest  of  our  mother 
country,  instead  of  drawing  money  from  the  colonists  by  taxes, 
to  encourage  their  trade,  and  to  let  it  expand  as  far  as  their  genius 
and  inclination  could  carry  it,  with  this  limitation  only,  that  it 
should  not  interfere  with  her  own  produce  and  manufactures.  The 
encouragement  of  their  trade  would  enable  the  colonists,  not  only 
to  pay  their  balances  to  Britain,  but  to  take  larger  quantities  of 
her  manufactures  ;  the  demand  for  which  would  be  continually  in 
creasing  with  their  growth,  till  it  would  equal  the  present  capacity 
of  Britain  to  supply. 

Thus  we  have  given  your  Excellency  some  observations  on  the 
act,  and  here  and  also  in  our  memorial  to  the  honorable  House  of 
Commons  upon  the  subject  of  said  act,  and  the  proposed  stamp 
duty,  represented  how  the  colonies,  and  Great  Britain  will  proba 
bly  be  affected  by  them.  What  we  have  to  request  is,  that  your 
Excellency  would  please  to  lay  these  observations,  and  also  a  copy 
of  said  petition  before  his  Majesty's  ministers,  and  represent  to 
them  their  grievances  which  we  have  mentioned  arising  from  the 
said  act,  and  such  as  we  apprehend  would  be  caused  by  a  stamp 
duty  ;  and  in  the  name  of  the  two  Houses  earnestly  to  beseech  the 

*  In  the  original  draft,  the  idea  was  suggested,  that  the  colonists  would  be  obliged  to  manu 
f acture  for  themselves,  which  would  soon  operate  to  the  injury  of  the  British  manufactures. 


•MASSACHUSETTS  STATE  PAPERS.  21 

favor  of  their  influence  to  ease  us  of  the  burden  of  the  first,  and 
remove  from  us  the  apprehensions  of  the  latter. 

[Signed,  A.  Oliver,  Secretary,  and  S.  White,  Speaker.  The 
committee  who  reported  it,  were  B.  Lincoln,  I.  Erving,  I.  Bow- 
cloin,  T.  Hubbard,and  H.  Gray,  of  the  Council ;  Col.  Clap,  Col. 
"Waldo,  Capt.  Saunders,  Mr.  Hall,  Gen.  Winslow,  and  Mr.  Lee, 
of  the  House/] 


PETITION 

OF  COUNCIL  AND  HOUSE  OF  REPRESENTATIVES,  TO  THE  HONORABLE 
HOUSE  OF  COMMONS,   NOVEMBER  3,  1764. 

To  the  Honorable  the  Commons 
of  Great  Britain,  in  Parliament  assembled. 

THE  petition  of  the  Council  and  House  of  Representatives  of 
his  Majesty's  Province  of  Massachusetts  Bay, 

Most  humbly  sheweth, 

That  the  act,  passed  in  the  last  session  of  Parliament,  entitled 
"  an  act  for  granting  certain  duties  in  the  British  colonies  and 
plantations  in  America,"  &c.*  must  necessarily  bring  many  burdens 
upon  the  inhabitants  of  these  colonies  and  plantations,  which  your 
petitioners  conceive  would  not  have  been  imposed,  if  a  full  repre 
sentation  of  the  state  of  the  colonies  had  been  made  to  your  hon 
orable  House — 

That  the  duties  laid  upon  foreign  sugars  and  molasses  by  a  for 
mer  act  of  Parliament,  entitled  "  an  act  for  the  better  securing  and 
encouraging  the  trade  of  his  Majesty's  sugar  colonies  in  America," 
if  the  act  had  been  executed  with  rigor,  must  have  had  the  effect  of 
an  absolute  prohibition — 

That  the  duties  laid  on  those  articles  by  the  present  act  still 
remain  so  great,  that,  however  otherwise  intended,  they  must  un 
doubtedly  have  the  same  effect — 

That  the  importation  of  foreign  molasses  into  this  Province  in 
particular,  is  of  the  greatest  importance,  and  a  prohibition  will  be 
prejudicial  to  many  branches  of  its  trade,  and  will  lessen  the  con 
sumption  of  the  manufactures  of  Great  Britain — 

That  this  importance  does  not  arise  merely,  nor  principally, 
from  the  necessity  of  foreign  molasses  in  order  to  its  being  con 
sumed  or  distilled  within  the  Province — 

*  In  the  4th  year  of  George  III.  an  act  of  Parliament  was  pnsVd,  granting  certain  duties 
in  the  British  colonies  and  plantations  in  America  ;  and  for  continuing,  amending  and  mak 
ing  perpetual,  an  act  passed  in  the  6th  year  of  George  II.  entitled  "  an  act  for  the  better  se 
curing  and  encouraging  the  trade  of  his  Majesty's  sugar  colonies  in  America,"'  &c.  By  this 
act,  the  former  duties  on  sugars  and  molasses,  imported  into  the  British  provinces,  in  Ame 
rica,  from  any  plantation  or  colony  not  under  the  dominion  of  Great  Britain,  (which  must  be 
very  strictly  collected,)  were  continued  and  increased.  The  most  rigid  regulations  were  im 
posed  for  collecting  the  duties  ;  and  courts  of  admiralty,  and  of  vice-admiralty,  in  any  part 
of  America,  were  to  take  cognizance  of  all  actions  on  seizures,  complaints,  &c. 


S2  MASSACHUSETTS  STATE  PAPERS. 

That  if  the  trade,  for  many  years  carried  on,  for  foreign  molas 
ses,  can  be  no  longer  continued,  a  vent  cannot  be  found  for  more 
than  one  half  the  fish  of  inferior  quality  which  are  caught  and 
cured  by  the  inhabitants  of  the  Province,  thej?rench  not  permitting 
fish  to  be  carried  by  foreigners  to  any  of  their  islands,  unless  it  be 
bartered  or  exchanged  for  molasses  — 

That  if  there  be  no  sale  of  fish  of  inferior  quality,  it  will  be  im 
possible  to  continue  the  fishery  ;  the  fish  usually  sent  to  Europe 
will  then  cost  so  dear,  that  the  French  will  be  able  to  undersell 
the  English  at  all  the  European  markets  ;  and  by  this  means  one 
of  the  most  valuable  returns  to  Great  Britain  will  be  utterly  lost, 
and  that  great  nursery  of  seamen  destroyed  — 

That  the  restraints  laid  upon  the  exportation  of  timber,  boards, 
staves  and  other  lumber  from  the  colonies  to  Ireland  and  other 
parts  of  Europe,  except  Great  Britain,  must  greatly  affect  the 
trade  of  this  Province,  and  discourage  the  clearing  and  improving 
of  the  lands  which  are  yet  uncultivated— 

That  the  powers  given  by  the  late  act  to  the  court  of  vice  ad 
miralty,  instituted  over  all  America,  are  so  expressed  as  to  leave 
it  doubtful,  whether  goods  seized  for  illicit  importation  in  any  one 
of  the  colonies  may  not  be  removed,  in  order  to  trial,  to  any  other 
colony,  where  the  judge  may  reside,  although  at  many  hundred 
miles  distance  from  the  place  of  seizure  — 

That  if  this  construction  should  be  admitted,  many  persons,  how 
ever  legally  their  goods  may  have  been  imported,  must  lose  their 
property,  merely  from  an  inability  of  following  after  it,  and  making 
that  defence  which  they  might  do,  if  the  trial  had  been  in  the  colo 
ny  where  the  goods  were  seized  — 

That  this  construction  would  be  so  much  the  more  grievous, 
seeing  that  in  America  the  officers,  by  this  act,  are  indemnified  in 
case  of  seizure,  whenever  the  judge  of  admiralty  shall  certify  that 
there  was  probable  cause  ;  and  the  claimant  can  neither  have 
costs  nor  maintain  an  action  against  the  person  seizing,  how  much 
soever  he  may  have  expended  in  defence  of  his  property— 

That  the  extension  of  the  powers  of  courts  of 


has,  so  far  as  the  jurisdiction  of  the  said  courts  hath  been  ex 
tended,  deprived  the  colonies  of  one  of  the  most  valuable  of  En 
glish  liberties,  trials  by  juries-— 

That  every  acTofParliament,  which  in  this  respect  distinguish 
es  his  Majesty's  subjects  in  the  colonies  from  their  fellow  sub 
jects  in  Great  Britain,  must  create  a  very  sensible  concern  and 
grief  — 

That  there  have  been  communicated  to  your  petitioners  sundry 
resolutions  of  the  House  of  Commons,  in  their  last  session,  for 
imposing  stamp  duties  or  taxes  upon  the  inhabitants  of  the  colonies, 
the  consideration  whereof  was  referred  to  the  next  session  — 

That  your  petitioners  acknowledge  with  all  gratitude,  the  ten 
dencies  of  the  legislature  of  Great  Britain  of  the  liberties  of  the 


MASSACHUSETTS  STATE  PAPERS.  23 

subjects  in  the  colonies,  who  have  always  judged  by  their  repre 
sentatives  both  of  the  way  and  manner,  in  which  internal  taxes 
should  be  raised  within  their  respective  governments,  and  of  the 
ability  of  the  inhabitants  to  pay  them — 

That  they  humbly  hope  the  colonies  in  general  have  so  demean 
ed  themselves,  more  especially  during  the  late  war,  as  still  to  de 
serve  the  continuance  of  all  those  liberties  which  they  have  hith 
erto  enjoyed — 

That  although,  during  the  war,  the  taxes  upon  the  colonies 
were  greater  than  they  have  been  since  the  conclusion  of  it,  yet 
the  sources  by  which  the  inhabitants  were  enabled  to  pay  their  tax 
es,  having  ceased,  and  their  trade  being  decayed,  they  are  not  so 
able  to  pay  the  taxes  they  are  subjected  to  in  time  of  peace,  as 
they  were  the  greater  taxes  in  time  of  war — 

That  one  principal  difficulty,  which  has  ever  attended  the  trade 
of  the  colonies,  proceeds  from  the  scarcity  of  money,  which  scarcity 
is  caused  by  the  balance  of  trade  with  Great  Britain,  which  has 
been  continually  against  the  colonies— 
That  the  drawing  sums  of  money  from  the  colonies,  from  time 
to  time,  must  distress  the  trade  to  that  degree,  that  eventually 
Great  Britain  may  lose  more  by  the  diminution  of  the  consump 
tion  of  her  manufactures,  than  all  the  sums  which  it  is  possible 
for  the  colonies  thus  to  pay  can  countervail — 

That  they  humbly  conceive,  if  the  taxes  which  the  inhabitants 
of  this  Province  are  obliged  annually  to  pay  towards  the  support 
of  the  internal  government,  the  restraint  they  are  under  in  their 
trade  for  the  benefit  of  Great  Britain,  and  the  consumption  thereby- 
occasioned  of  British  manufactures  be  all  considered,  and  have  their 
due  weight,  it  must  appear,  that  the  subjects  of  this  Province  are 
as  fully  burdened  as  their  fellow  subjects  in  Britain,  and  that  they 
are,  whilst  in  America,  more  beneficial  to  the  nation,  than  they 
would  be  if  they  should  be  removed  to  Britain,  and,  there  held  to 
a  full  proportion  of  the  national  taxes  and  duties  of  every  kind. 

Your  petitioners,  therefore,  most  humbly  pray,  that  they  maybe 
relieved  from  the  burdens,  which  they  have  humbly  represented  to 
have  been  brought  upon  them  by  the  late  act  of  Parliament,  as  to 
the  wisdom  of  the  honorable  House  shall  seem  meet,  that  the  priv 
ileges  of  the  colonies  relative  to  their  internal  taxes,  which  they 
have  so  long  enjoyed,  may  still  be  continued  to  them,  or  that  the 
consideration  01  such  taxes  on  the  colonies  may  be  referred,  until 
your  petitioners,  in  conjunction  with  the  other  governments,  can 
have  opportunity  to  make  a  more  full  representation  of  the  state 
and  condition  of  the  colonies  and  the  interest  of  Great  Britain 
with  regard  to  them. 

Signed  by  S.  WHITE,  Speaker. 

A.  OLIVER,   Secretary. 

November  3,  1764. 

[This  petition  was  altered  several  times,  after  it  was  first  read  and 
adopted  in  the  House  of  Representatives,  The  Council  objected 


24  MASSACHUSETTS  STATE  PAPERS. 

to  two  or  three  sentences,  some  of  which  were  omitted.  There 
was  finally  a  committee  of  conference  of  the  House  of  Represent 
atives  and  of  the  Council ;  and  the  result  was  to  retain  the  words 
"  rights"  and  "  liberties"  in  several  places,instead  of  "  privileges," 
which  had  been  substituted  by  the  Council.  The  committee  were 
J.  Otis,  jr.  O.  Thacher,  and  Col.  Clap,  of  the  House;  T.  Hutcliin- 
son,  J.  Otis,  and  E.  Trowbridge,  of  the  Council.] 

Extract  of  a  letter  from  the  Committee  of  Council  and  House  of 
Representatives,  to  their  Jlgent  in  England,  accompanying  the 
foregoing  petition. 

IN  their  letter  to  Agent  Mauduit,  accompanying  this  petition, 
the  committee  of  the  Council  and  House  of  Representatives,  ob 
serve,  "  that  the  late  act  of  Parliament,"  imposing  additional  du 
ties  on  molasses,  &c.  imported  into  the  colonies,  "  affects  this  col 
ony  more  than  any  other  :"  and  they  say,  "  that  they  have  been 
induced  thus  to  petition  and  remonstrate,"  respecting  said  act,  and 
the  bill  for  duties  on  stamp  paper,  &c.  then  pending  before  Parlia 
ment,  in  consequence  of  a  suggestion  made  by  the  agent  and  another 
gentleman  in  England,  "  that  a  decent  remonstrance  might  procure 
some  relief."  And  in  their  petition  they  say,  "  we  have  endeavor 
ed  to  avoid  giving  offence,  and  have  touched  upon  our  rights  in 
such  a  manner,  as  that  no  inference  can  be  drawn,  that  we  have  gi 
ven  them  up,  on  the  one  hand,  nor  that  w£  set  up  in  opposition  to 
the  Parliament,  nor  deny  that  we  atg  bouira  to  the  observance  of 
acts  of  Parliament,  on  the  other.  {But  in  a  letter  to  you,  we  may 
be  more  explicit  on  this  point — a  right,  the  people  of  the  colonies 
have  undoubtedly  by  charter  and  commissions  to  tax  themselves. 
So  far  as  the  Parliament  shall  lay  taxes  on  the  colonies,  so  far  they 
will  deprive  them  of  this  right.  If  the  first  settlers  of  the  colonies 
had  not  imagined  that  they  were  as  secure  of  the  enjoyment  of  this 
right  as  of  their  titles  to  their  lands,  in  all  probability  they  would 
never  have  left  England,  and  no  one  colony  could  have  been  set 
tled." 

«  Acts  of  Parliament,  it  will  be  said,  are  above  charters,  and 
can  annihilate  them.  It  is  true.  So  one  act  of  Parliament  may 
infringe  upon  them.  And,  perhaps,  there  would  be  no  greater 
reason  for  complaint  in  that  case,  than  when  the  rights  of  a  cor 
poration  in  England,  or  in  the  colonies  are  infringed  :  to  be  sure 
not  greater,  than  when  what  are  deemed  the  fundamentals  of  the 
English  constitution  are  changed,  with  respect  to  any  considerable 
part  of  the  subjects.  Such  fundamentals,  we  deem  the  right  of 
being  taxed  by  our  own  representatives  only  5  and  the  rights  to 
trials  by  juriesN  Upon  the  latter,  we  have  said  the  less  in  our  pe 
tition,  becauseToy  the  charter,  the  power  of  appointing  courts  of 
admiralty,  where  no  juries  are  in  use,  and  which  are  the  only  occa 
sions  of  our  complaints  upon  that  head,  is  reserved  to  the  Crown. 
But  then  it  must  be  remembered,  that  all  seizures  for  illicit  trade 


MASSACHUSETTS    STATE    PAPERS.  25 

are  tried  in  the  exchequer  in  England  by  juries ;  and  that  we 
have  no  reason  to  suppose,  that  our  ancestors,  when  they  accepted 
the  charter,  imagined  the  powers  of  courts  of  admiralty  would  be 
extended  beyond  what  they  are  in  England — and  as  for  the  newly 
constituted  court  of  admiralty,  if  the  judge  takes  cognizance  of 
all  maritime  matters  and  all  offences  which  have  been  usually  tried 
by  courts  of  admiralty  in  America,  and  which  may  arise  in  any 
part  of  the  colonies,  it  may  bring  such  oppression  upon  the  sub- 
jedts^as  will  be  insupportable." 

<^In  point  of  equity,  JJLC  think  we  may  well  claim  an  exemption 
from  taxes  by  Parliament)  Our  ancestors,  and  we  believe  the  first 
settlers  of  every  colony,  except  Nova  Scotia  and  Georgia,  occa 
sioned  but  little,  some  of  them,  no  expense,  and  yet  have  brought 
an  amazing  addition  of  wealth,  territory  and  subjects,  to  the  na 
tion.  They  are  burdened  with  the  support  of  government  within 
themselves  :  they  are  under  restraints  in  their  trade,  which  the 
subjects  of  Great  Britain  are  not ;  and  what  the  colonies  lose  by 
that,  Britain  gains.  The  colonies  find  more  employment  for  the 
manufactures  in  Britain,  we  believe,  than  all  the  world  besides. 
And  this  is  a  matter  which  is  not  to  be  lightly  considered."  "  In 
point  of  policy,  it  will  certainly  prove  a  mistake  to  lay  further 
burdens  on  the  colonies.  You  have  now  all  we  can  spare  from  our 
necessary  support,  and  the  expense  of  clearing  and  cultivating  a 
new  country,  and  by  this  means  increasing  the  dominions  of 
Britain.  In  this  way,  the  people  pay  to  you  cheerfully.  In  the 
other,  it  will  ever  be  paid  with  grief  and  reluctance."  "  We  are 
morally  certain,  that  the  molasses  trade  cannot  be  carried  on,  and 
the  present  duty  paid." 

[The  committee  to  draft  the  letter,  were  T.  Hutcbinson  and  I. 
Bowdoin,  of  the  Council ;  J.  Otis,  0.  Thacher,  and  T.  Gray,  of 
the  House.] 

Extracts  from  the  statement  of  the  services  and  expenses  of  the 
Province  of  Massachusetts,  made  by  a  Committee  of  the  Council 
and  House  of  Representatives,  chosen  for  the  purpose  in  October, 
1764,  and  sent  to  the  colony's  agent  in  England,  to  furnish  ar 
guments  why  the  colony  should  not  be  taxed,  &£c. 

"  ONE  great  cause  alleged  for  imposing  taxes  on  the  colonies, 
not  granted  by  their  own  representatives,  by  the  mere  authority  of 
Parliament,  being  this,  that  they  ought  to  contribute  to  defray  the 
charges  of  a  war  undertaken  for  their  defence,  to  which  it  is' said 
they  have  never  yet  sufficiently  contributed,  the  Province  of  Mas 
sachusetts  Bay  deem  it  proper  briefly  to  set  forth  their  own  merits 
and  services,  their  exertions  and  expenses  in  the  common  cause 
from  the  first  incorporation  to  the  present  time. 

"  In  the  year  1620,  the  colony  of  New-Plymouth,  now  included 
in  the  present  Province  of  Massachusetts  Bay,  was  began  to  be 
4 


26  MASSACHUSETTS    STATE    PAPERS. 

planted  by  Gov.  Bradford  and  others,  a  small  but  vigorous  number. 
By  their  prudence  and  vigilance  they  supported  themselves  in  a  wild 
desart,  surrounded  by  Indians,  without  any  assistance  from  the 
Crown  of  Great  Britain. 

"In  1629,  the  colony  of  Massachusetts  Bay  was  begun  to  be 
planted,  the  adventurers  having  obtained  from  Charles  I.  an  ample 
charter,  on  the  faith  of  which  they  made  those  beginnings  in  colo 
nizing,  which  have  increased  to  this  day,  though  the  charter  has 
long  since  been  lost  to  them. 

"  Whoever  should  read  the  records  of  the  first  settlements  in 
the  colony  cannot  but  pity  a  feeble  number  separated  by  an  im 
mense  ocean  from  the  capital  of  their  government,  surrounded  by 
savages,  of  whose  good  will  they  had  no  assurance,  conflicting 
with  hunger,  cold,  nakedness,  and  every  other  hardship  of  a  desart, 

"  Their  first  cares,  under  all  their  privations  and  sufferings,  were 
to  train  the  inhabitants  to  arms,  to  build  forts,  &c. 

"  In  1635,  Gov.  Winslow  offered  to  raise  troops  at  the  expense 
of  the  colonies,  under  authority  from  the  King  of  England,  not 
only  to  defend  the  settlements  here  against  the  Indians,  French 
and  Dutch,  but  to  extend  the  territory  of  the  British  government 
in  America.  But  the  proposal  was  rejected  through  the  influence 
of  Arch  Bishop  Laud,  who  hated  the  puritans  of  that  period. 

".In  1637,  at  their  own  expense  the  colonies  raised  one  hundred 
and  sixty  men,  and  subdued  the  Peguots,  a  powerful  and  danger 
ous  tribe  of  Indians. 

"  In  1643,  the  colonies  of  Massachusetts,  Plymouth,  Connecticut 
and  New-Haven  united  for  common  defence ;  and  thus  probably 
prevented  the  overthrow  of  the  settlements  of  Connecticut  and 
New-Haven,  if  not  of  the  others  also. 

"  From  1675  to  1686,  the  colony  of  Massachusetts  Bay,  with 
short  intermissions,  was  engaged  in  wars  with  the  Indians,  who,  at 
that  period,  were  numerous  and  powerful,  and  threatened  to  des 
troy  all  the  English  settlements  :  and  for  which  they  asked  no  as 
sistance  of  the  Crown,  but  bore  the  heavy  load  themselves. 

"  In  1690, this  Province  raised  800  men  for  the  reduction  of  Nova 
Scotia,  under  Sir  W.  Phips,  who  conquered  the  country,  and  sub 
jected  it  to  the  English  till  the  peace  of  Reswick. 

"  From  this  time  to  1714,  the  colony  was  frequently  engaged, 
at  their  own  charge,  in  wars  against  the  French,  for  the  defence  of 
English  plantations, and  for  rescuing  various  places  which  had  fallen 
into  the  hands  of  those  enemies  of  Great  Britain.  In  1744,  the 
Province^  also  furnished  a  large  number  of  men  to  assist  the  English 
against  the  French  in  Nova  Scotia. 

"  Afterwards,  during  the  campaigns  of  1755,  56,  58,  59,  60,  &c. 
the  Province  raised  troops,  at  a  very  great  expense,  to  co-operate 
with  the  British  in  their  expeditions  against  Crown  Point,  &c.  The 
whole  cost  of  their  expeditions  from  1755  to  1762,  was  943,839£. 
The  cost  of  scouting  parties,  for  the  same  period,  was  27,496£. 


MASSACHUSETTS    STATE    PAPERS.  27 

Their  armed  vessels  for  the  protection  of  trade,  cost  343795Z.  All 
which  amount  to  1,039,390/.  And  these  sums  being  much  greater 
than  could  be  raised  on  the  people  each  year,  the  Province  was 
annually  obliged  to  take  up  large  sums  on  interest,  and  often  to 
anticipate  and  mortgage  the  revenues  of  the  government.  At  the 
conclusion  of  the  late  war,  the  Province  was  and  still  is  very  much 
in  debt  5  and  it  will  take  them  many  years,  with  all  the  resources 
in  their  power,  even  though  their  trade  was  allowed  to  continue 
on  the  footing  it  was  at  the  close  cf  the  war,  to  clear  their  debts. 

"  The  cost  of  many  forts  and  garrisons  on  the  frontiers  is  not  in 
cluded  in  the  above  sum.  Nor  can  any  estimate  be  made  of  the 
cost  to  individuals  by  the  demand  for  personal  service.  For  the 
numbers  raised  in  these  years,  (from  1755  to  1762)  being  equal  to 
the  whole  militia,  it  hath  come  to  the  turn  of  every  enlisted  soldier 
in  the  whole  militia  to  serve  once.  And  they  who  would  not  serve 
in  person  were  obliged  to  hire,  at  a  great  premium. 

"  From  small  beginnings,  through  innumerable  toils,  hardships 
and  sufferings,  a  rude  desart  is  become  a  well-peopled  and  fruitful 
plantation.  From  its  infancy  to  the  present  age,  this  colony,  with 
no  expense  to  the  Crown,  has  defended  the  territory  granted  to  it ; 
and  thereby  mightily  extended  the  British  empire  and  immensely 
increased  the  British  commerce.  It  has  ever  been  ready  to  afford 
its  utmost  help,  when  the  King's  service  called  ;  has  actually  made 
divers  valuable  conquests  for  the  Crown  ;  and  by  its  great  exertions 
and  expenses  in  the  last  war  has  impoverishsd  and  enfeebled  it 
self  so  as  it  will  not  in  many  years  recover  the  athletic  state  it 
was  m  at  the  beginning  of  the  late  French  war. 

"  It  is  not  intended,  by  any  thing  here  said,  to  derogate  from  the 
merits  of  the  other  colonies  ;  most  of  them  have  had  their  share 
in  these  great  conquests  ;  and  without  the  joint  and  united  vigor 
of  so  many,  so  much  could  never  have  been  accomplished.  Nor 
does  Massachusetts  desire  to  be  distinguished  from  the  other  colo 
nies  by  any  new  grant&^nd  immunities  ;  neither  are  they  seeking 
any  further  rewards.  UThey  desire  .only,  that  foe  privileges  their 
ancestors  purchased  sodearly,  and  they  have  never  tort  cited,  may 
be  continued  to  themT)  Being  conscious  to  themselves  of  entire 
loyalty  to  his  most  excellent  Majesty,  and  dutiful  respects  to  the 
parent  state,  they  trust  the  wisdom  and  justice  of  the  nation  will 
allow  them  the  possession  of  all  the  rights,  privileges  and  immu 
nities  which  the  subjects  of  Great  Britain  do  and  ought  to  enjoy. 

[The  committee  was  appointed  to  make  this  statement,  in  Oct. 
1764 ;  and  were  T.  Hutchinson,  A.  Oliver,  J.  Bowdoin,T.  Flucker 
and  J.  Otis,  of  the  Council ;  and  T.  Cushing,O.  Thacher,T.  Gray 
and  E.  Sheafe,  of  the  House.  In  their  letter  sent  to  the  agent 
enclosing  it,  the  committee  observe,  "  it  will  appear  from  the  state 
ment,  that  this  Province  has  had  its  full  share  of  the  burdens  of  the 
British  empire  ;  and  that,  by  its  own  representatives,  it  has  ever 
cheerfully  submitted  to  the  heaviest  taxes  it  was  any  how  capable 


i6  MASSACHUSETTS    STATE    PAPERS. 

of  bearing.  The  Province  finds  itself  greatly  exhausted  by  their  ex 
ertions  ;  and  it  will  be  with  the  utmost  difficulty  we  shall  clear  the 
heavy  load  of  debt  the  last  war  has  involved  us  in,  though  no  new 
burdens  were  brought  upon  us,  and  our  trade  were  left  to  its  natu 
ral  course.  But  if  the  severe  regulations  of  the  late  act  are  con 
tinued  and  new  taxes  laid  on  us,  these  will  drain  us  of  our  specie, 
the  sinews  of  trade,  and  otherwise  so  distress  us,  that  we  shall 
neither  be  able  to  pay  the  public  debt  we  owe  as  a  community, 
nor  individuals  what  they  owe  to  the  merchants  of  Great  Britain  ; 
a  general  bankruptcy,  public  and  private,  must  ensue."] 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  JANUARY  10,  1765, 

Gentlemen  of  tlie  Council,  and 

Gentlemen  of  the  House  of  Representatives^ 

AT  the  opening  of  tins  session,  I  have  the  pleasure  to  con 
gratulate  you  upon  the  storms  which  threatened  the  peace  of 
Great  Britain  being  happily  blown  over:  the  hasty  and  ill  advis 
ed  encroachments  upon  our  rights  by  some  of  the  French  and  Span 
ish  commanders  have  been  disavowed  by  their  respective  courts  ; 
and  fresh  assurances  have  been  given  that  the  acquisitions  confirm 
ed  to  us  by  the  late  peace,  shall  be  enjoyed  without  interruption  ; 
which  will  be  further  secured  by  the  best  of  guarantees,  a  respecta 
ble  British  navy. 

I  have  also  to  congratulate  you  upon  the  happy  termination 
of  the  Indian  war,  in  a  manner  both  honorable  and  safe  ;  and  which 
must  effectually  discourage  such  attempts  for  the  future.  We, 
who  are  at  a  distance  from  the  scenes  of  action,  should  riot  be  in 
different  to  this  interesting  event,  as  the  welfare,  and  particularly 
the  peace  of  every  part  of  British  America,  is  the  concern  of  the 
whole. 

I  have,  in  pursuance  of  your  request  made  to  me  last  session, 
recommended  to  the  favor  of  his  Majesty's  ministers,  the  petition 
which  you  prepared  to  be  presented  to  the  House  of  Commons  ; 
and  I  flatter  myself  that  these  representations  will  have  success, 
as  they  must  receive  great  weight  from  the  dutiful  manner  in  which 
they  are  formed.  1  shall  not  neglect  any  other  opportunity  to 
promote  the  real  welfare  of  this  Province,  consistently  with  its 
subordination  to  the  King  of  Great  Britain,  and  the  common  in 
terest  of  the  whole  empire. 

I  nave  at  present  nothing  to  lay  before  you,  but  what  arises  within 
the  Province,  which  I  shall  communicate  to  you.  «at  proper  times. 


MASSACHUSETTS    STATE    PAPERS.  29 

In  these,  and  in  all  other  matters,  I  shall  not  doubt  your  attention 
to  your  duty,  both  to  your  King  and  to  your  country.  The  late 
exemplary  instances  of  your  unanimity,  prudence,  and  moderation, 
in  times  of  difficulty  and  distrust,  will  distinguish  you  to  your  ad 
vantage,  will  confirm  the  reputation  you  have  hitherto  acquired, 
and  give  assurance  of  your  resolution  to  support  it  by  your  future 
conduct.  FRA.  BERNARD. 

Council  Chamber,  January  10,  1765. 


ANSWER 

OF  THE  COUNCIL  AND  HOUSE  OF  REPRESENTATIVES,  TO  THE 
FOREGOING  SPEECH; 

May  it  please  your  Excellency, 

WITH  great  pleasure  we  received  your  Excellency's  congratu 
lations  ;  and  sincerely  rejoice  in  every  occurrence  that  tends  to 
establish  the  peace  and  prosperity  of  Great  Britain.  The  disavowal 
of  the  late  encroachments  upon  our  rights,  and  the  fresh  assurances 
given  by  the  French  and  Spanish  courts,  that  the  acquisitions  con- 
lirmed  to  us  by  the  late  peace  shall  be  enjoyed  without  interruption, 
we  hope  are  sincere  ;  but  the  best  guarantee  of  those  acquisitions, 
is  the  British  navy,  which  we  hope  will  ever  be  maintained  on  so 
respectable  a  footing,  and  be  under  such  direction  as  to  frustrate 
all  attempts  to  invade  them. 

The  happy  termination  of  the  Indian  war,  in  which  so  many  of 
our  fellow-subjects  have  been  massacred,  and  so  extensive  a  frontier 
desolated,  must  give  sincere  joy  to  every  breast  susceptible  of  the 
feelings  of  humanity  ;  at  least  to  every  one  that  bears  any  affection 
for  British  America.  We  in  this  Province  in  particular,  though  at 
a  distance  from  the  late  scenes  of  cruelty,  cannot  be  indifferent  to 
this  interesting  event,  having  often  experienced  the  severest  effects 
of  Indian  rage.  May  this  peace  prove  an  honorable  and  lasting  one. 

We  are  much  obliged  to  your  Excellency  for  recommending  to 
the  favor  of  the  ministry  our  petition  to  the  House  of  Commons. 
We  flatter  ourselves  the  representations  therein  made,  will  have 
success,  not  only  from  the  dutiful  manner  in  which  they  are  formed, 
but  from  the  necessary  connection  there  is  between  the  interest  of 
the  nation,  and  the  success  of  that  petition  ;  it  will  be  a  demon 
strable  truth,  that  the  national  interest  will  be  best  promoted  and 
secured  by  encouraging  the  trade  of  the  colonies.  If  that  pros 
pers  or  declines,  so  will  the  trade  of  Great  Britain ;  but  in  a  greater 
proportion.  The  wealth  and  power  of  Britain,  however  great,  are 
still  in  their  minority  compared  with  what,  it  is  probable,  they  will 
one  day  be,  if  the;  trade  and  growth  of  her  colonies  are  not  impeded. 


30  MASSACHUSETTS    STATE    PAPERS. 

We  are  also  much  obliged  to  your  Excellency  for  your  kind  de 
claration,  that  you  "  shall  not  neglect  any  other  opportunity  to  pro 
mote  the  real  welfare  of  this  Province,  consistently  with  its  subor 
dination  to  the  kingdom  of  Great  Britain,  and  the  common  inter 
est  of  the  whole  empire."  It  is  in  your  Excellency's  endeavors 
to  promote  the  real  welfare  of  this  Province  ;  and  in  these  endea 
vors  our  inclinations  conspire  with  our  duty  to  give  your  Excel 
lency  our  best  assistance. 

In  all  matters  your  Excellency  shall  lay  before  us,  we  hope  to 
make  it  evident  that  we  are  influenced  by  a  principle  of  affection 
as  well  as  duty  to  our  sovereign  and  country.  It  is  our  honor  to 
be  in  their  employment,  and  we  shall  esteem  it  our  happiness  to 
render  them  any  real  service. 

If  we  have  exhibited  any  exemplary  instances  of  unanimity,  pru 
dence  and  moderation,  it  gives  us  a  real  satisfaction  that  they  meet 
with  your  Excellency's  approbation. 

We  agree  with  your  Excellency  that  the  times  are  difficult :  but 
we  hope  they  are  not  times  of  distrust.  We  distrust  not  the  wis 
dom  and  goodness  of  Parliament,  having  with  the  colonies  in  gene 
ral,  often  experienced  the  happy  effects  of  both.  On  the  same  wis 
dom  and  goodness,  next  to  the  Supreme,  we  still  rely.  As  that 
respectable  body  has  power,  we  humbly  trust  their  wisdom  and 
goodness  will  exert  it,  to  remove  the  embarrassments  upon  our 
trade,  to  which  the  difficulty  of  the  "times  is  owing. 


Letter  from  J.  Maiiduit,  Esq.  agent  in  England.,  for  the  Province 
of  Massachusetts,  to  the  Secretary.     London,  Feb.  9,  1765. 

fl  HAVE  now  to  acquaint  the  great  and  General  Court,  that  a 
stamp  duty  was  proposed  in  the  House  of  Commons,  on  the  6th 
instant.  It  was  opened,  by  shewing,  that  as  the  colonies  have  a 
right  to  protection,  so  the  Parliament  has  a  right  to  tax  them  in  aid 
thereof.  Their  several  charters  were  referred  to,  and  declared  to 
be  all  under  the  control  of  Parliament.  To  this  right  of  Parlia 
ment,  every  member  who  approved  the  measure,  declared  his  as 
sent  ;  so  that  the  only  question  was,  whether  a  stamp  duty  should 
now  be  laid  :  and  this  was  carried,  on  a  decision  of  fourteen.  Pe 
titions  from  Virginia  and  New- York,  were  offered,  by  their  agents 
to  be  presented,  but  no  member  would  take  them  :  and  Mr.  Jack 
son,  who  had  ours  in  his  pocket,  agreeably  to  what  he  and  I  had 
settled,  plainly  saw  it  was,  at  that  time,  fittest  to  remain  there. 
At  present,  I  can  only  say,  that  I  am  taking  every  rational  measure 
I  can  think  of,  to  support  your  petition,  which  is  to  be  presented  to 
the  House  on  Tuesday,  by  Mr.  Jackson,  and  is  the  day  appointed 
for  the  .first  reading  of  the  billsT? 


MASSACHUSETTS    STATE    PAPERS.  31 

Letter  from  Mr.  Agent  Maudutt,  to  the  Committee  of  the  House  of 
Representatives  of  Massachusetts.     London,'Feb.  19,  1765. 

I  RECEIVED  your  several  letters  of  Nov.  27th  and  28th,  and  Dec. 
17th,  to  all  of  which  I  shall  attend  as  my  infirmities  will  permit. 
At  present  I  have  to  acquaint  you,  that  I  have  employed  my  whole 
time  in  favor  of  your  petition ;  and  to  remove  impressions  and  dis 
like  to  the  humors  and  disposition  of  the  Province.  A  week  be 
fore  the  stamp  duty  was  to  be  proposed,  I  sent  a  pamphlet  (I  had 
prepared,)  to  the  houses  of  most  of  the  members.  I  plainly  saw, 
some  time  ago,  that  right^  founded  in  charters  or  custom,  could  not 
be  supported  by  any  one  in  the  House,  against  the  right  of  Parlia 
ment  to  tax  the  colonies.  I  therefore  endeavored,  (though  I  never 
gave  up  that  point)  to  sbften  the  hands  of  power,  and  prevent  a 
resentment  shown,  as  was  first  intended  :  and  so  far  hitherto  I  have 
succeeded. 

Mr.  Grenville  opened  the  fitness  of  laying  this  tax  on  the  colo 
nies,  and  the  mcontestible  right  of  Parliament  to  do  it,  without 
noticing  the  New-York  address,  or  the  House  of  Assembly's  letter 
to  me  ;  both  which  papers  were  tacked  together,  and  intended  to 
be  laid  before  the  House,  as  proof  of  an  undutiful  temper.  Only 
one  member,  in  the  warmth  of  his  speech,  glanced  at  it  ;  but  in 
this  he  had  no  second.  After  about  seven  hours  debate,  there  was 
no  other  question,  (nor  indeed  could  be)  but  whether  a  stamp  duty 
should  now  be  laid.  The  House  divided  upon  it,  and  it  was  car 
ried  by  four  to  one. 

I  hope  the  interest  of  Parliament,  for  imposing  this  tax,  was 
only  to  convince  the  colonies  that  it  had  the  right,  which  was  by 
them  contested  5  and  that  the  House  will  now  rather  attend  to 
mitigate  or  take  off  some  of  those  burdens  laid  on  your  trade  by 
the  last  act.  Several  petitions  were  offered,  but  were  all  rejected  ; 
and  even  Connecticut,  which  was  more  moderate  than  ours,  with 
respect  to  the  stamp  duty,  received  the  negative.  Ours  was  offered 
last,  by  Mr.  Jackson,  but  mentioned  in  such  a  manner,  that  no  vote 
of  rejection  was  put,  so  that  I  may  possibly  present  a  petition  at 
another  time,  leaving  out  only  what  relates  to  the  stamp  duty  :  and 
this  I  think  to  do  by  Mr.  Jackson,  in  concert  with  all  the  aid  I  can 
procure. 

Letter  from  Secretary  Oliver,  to  Mr.  Jlgent  Jackson,  written  by 
order  of  the  General  Court,  June,  1765. 

BY  several  of  the  papers,  directed  to  be  delivered  you  by  Mr. 
Mauduit,  the  late  agent,  you  will  observe  the  opinion  of  the  two 
Houses  with  regard  to  some  of  the  probable  ill  effects  of  the  last 
year's  act  of  Parliament  for  granting  certain  duties  in  the  colonies, 
and  some  of  them  with  respect  to  trade  have  been  already  verified, 
as  will  appear  by  the  petitions  and  statements  of  Messrs.  Patrick 
Tracy,  Thomas  Bpylston  and  Fortesque  Vernon,  merchants,  with- 


32  MASSACHUSETTS    STATE    PAPERS. 

in  this  Province.  In  consequence  of  said  act,  three  vessels,  be 
longing  to  them  severally,  have  been  seized  and  condemned— with 
^respect  to  which  matter,  they  in  their  petitions  in  general  declare, 
that  their  vessels  sailed  hence  before  said  act  took  place,  viz.  before 
Sept.  last  5  that  no  bond  was  required  of  them  at  the  respective 
custom  houses,  at  which  their  vessels  were  cleared  out ;  and  that 
said  act  did  not  then  require  any  bond  ;  that  said  vessels  proceeded 
to  the  French  islands,  and  loaded  with  molasses  ;  that  on  their  re 
turn  they  were  forced  by  stress  of  weather,  two  of  them  into  New- 
Providence,  and  the  other  into  Bermuda  ;  that  these  were  the  first 
English  ports  which  Tracy's  and  Boylston's  vessels  had  put  in  at, 
after  sailing  hence  ;  that  Wm.  Vernon's  vessel  had  only  touched 
at  Barbadoes,  and  sailed  again  before  the  29th  of  Sept. ;  that  at 
Providence  and  Bermuda  said  vessels  were  seized,  and  with  their 
cargoes,  by  the  court  of  admiralty  finally  adjudged  and  condemned 
forfeited  for  a  want  of  certificates  that  bonds  had  been  given  pur 
suant  to  said  act ;  that  the  vessels  and  cargoes  were  appraised  at  a 
rate  much  below  their  value,  with  a  view  (they  say)  that  in  case 
they  should  be  able  to  reverse  the  decree,  they  should  notwithstand 
ing  recover  a  small  part  of  the  value  of  their  vessels  and  cargoes. 
This  is  a  brief  state  of  the  representation  they  make,  as  you  will 
see  by  their  petitions.  If  this  representation  be  just,  their  case  is 
really  hard,  and  merits  the  notice  of  those  who  have  power  to  re 
lieve  them. 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  TWO  HOUSES,  MAY  30,  17&S. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

BEING  always  desirous  of  making  your  attendance  at  the 
General  Court  as  agreeable  to  you  as  may  be,  I  thought  it  proper 
to  appoint  the  meeting  of  it  at  this  town,  that  you  may  be  free,  not 
only  from  real  danger,  but  also  from  the  apprehension  of  it.  And 
as  I  have  nothing  to  propose  to  you  for  his  Majesty's  immediate 
service,  your  deliberations  will  be  chiefly  employed  upon  the  af 
fairs  of  your  own  Province. 

Among  these,  the  state  of  the  eastern  country  deserves  most 
particular  regard  :  the  augmentation  of  the  garrisons  made  at  the 
last  session  was  a  seasonable  provision,  and  happily  has  not  been 
too  late.  But  defence  alone  is  not  sufficient  ;  prevention  of  hos 
tilities  is  equally  necessary  to  the  preservation  of  that  country. 
To  this  I  have  given  particular  attention  with  all  my  power,  and 
have  hitherto  succeeded.  But  it  has  served  to  convince  me  that 


MASSACHUSETTS  STATE  PAPERS.  33 

there  still  remains  much  undone,  which  I  have  not  had  the  power, 
or  at  least  have  not  chose  to  take  upon  me  to  do. 

You  shall  be  made  acquainted  with  my  sentiments  upon  this  sub 
ject,  which  are  partly  drawn  from  information  received  from  others, 
and  partly  from  observations  made  by  myself.  And  I  doubt  not 
but  you  will  concur  with  me  in  every  measure  necessary  for  the 
security  and  support  of  that  country,  which  is  now,  as  it  were,  an 
infant  colony.  We  who  rest  in  the  bosom  of  safety  should  not  ne 
glect  the  protection  of  our  brethren  exposed  to  daily  perils  ;  nor 
while  we  enjoy  the  blessings  of  an  old  colony,  be  unmindful  of  the 
imbecility  and  necessities  of  a  new  one.  y 

Gentlemen, 

As  I  suppose  the  season  of  the  year  will  make  you  desirous  of  a 
I'ecess  as  soon  as  well  may  be,  it  is  my  intention  not  to  continue 
this  session  beyond  what  the  present  exigencies  of  the  government 
shall  absolutely  require  :  And  therefore  I  must  recommend  to  you 
to  postpone  unnecessary  business,  and  to  expedite  such  as  cannot 
be  postponed.  In  this,  as  in  all  matters  tending  to  the  service  of 
the  Province  and  to  your  convenience,  you  may  depend  upon  my 
assistance  and  concurrence. 

FRA.  BERNARD. 

Council  Chamber,  at  Concord,  May  31,  1764. 

[This  speech  was  printed  through  the  inadvertence  of  a  compositor  in  the  office ;  and  va<* 
not  intended  by  the  editor  to  be  printed  at  all.] 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  MAY  30,  1765. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

AT  the  opening  of  this  General  Court,  I  have  no  orders  from 
his  Majesty  to  communicate  to  you;  nor  any  thing  to  offer  myself 
but  what  relates  to  your  internal  policy:  I  shall  therefore  take  this 
opportunity  to  point  out  such  domestic  business  as  more  immedi 
ately  deserves  your  attention. 

Soon  after  my  arrival  to  this  government,  I  formed  in  my  mind 
an  idea  of  three  improvements  which  this  country  was  capable  of 
making  profitable  to  itself  and  convenient  to  Great  Britain  :  I  mean 
pot  ash,  hemp,  and  the  carrying  lumber  to  the  British  markets. 
They  are  all  proper  staples  for  New  England  ;  and  must  be  very 
acceptable  to  Great  Britain,  as  she  is  at  present  supplied  with  them 
from  foreigners,  by  a  losing  trade. 
5 


34  MASSACHUSETTS  STATE  PAPERS. 

I  have  already  had  the  pleasure  to  see  the  first  of  these  estab 
lished  with  eftect,  and  wanting  now  nothing  but  care  to  preserve 
its  credit,  and  prevent  the  general  quality  of  the  goods,  which  is  of 
a  superior  kind,  being  rendered  doubtful  and  suspicious  by  the 
fraudulent  practices  of  particulars.  This  is  a  necessary  caution  at 
the  commencement  of  a  new  trade  5  for  upon  its  first  reputation 
depends  its  future  success.  There  is  already  a  law  for  the  regu 
lation  of  this  trade  ;  but  it  wants  to  be  carried  into  execution  :  this 
I  must  desire  may  be  done  this  session,  as  it  is  now  become  imme 
diately  wanting. 

You  have  lately  given  a  public  testimony  of  your  desire  to  pro 
mote  the  production  of  hemp :  I  am  equally  persuaded  of  your  good 
intentions  to  the  improvement  of  the  lumber  trade  ;  as  you  must 
be  sensible  of  the  insufficiency  of  the  present  markets  for  the  re 
ception  of  the  great  quantity  of  lumber  which  is  now  produced,  and 
which  will  be  continually  increasing.  The  Parliament  of  Great 
Britain  has  already  given  encouragement  to  the  one  5  and  it  is 
hoped  it  will  also  extend  its  bounty  to  the  other. 

These  are  proper  objects  of  your  concern ;  works  which  naturally 
arise  in  your  own  country,  strengthen  your  connection  with  Great 
Britain,  may  easily  be  confined  within  yourselves,  and  will  soon 
be  superior  to  those  of  foreign  rivals.  When  these  are  added  to 
your  other  resources,  they  will  form  a  fund,  which,  with  the  bless 
ing  of  God  upon  your  industry  and  frugality,  will  be  adequate  to 
the  expense  of  all  necessary  imports  :  and  you  will  have  no  occa 
sion,  as  you  have  hitherto  shewn  no  disposition,  vainly  to  attempt 
to  transfer  manufactories  from  their  settled  abode;  an  undertaking 
at  all  times  difficult,  but,  under  the  disadvantage  of  high  priced 
labor,  impracticable. 

Gentlemen  of  the  House  of  Representatives, 

I  shall  order  the  treasurer  to  lay  before  you  the  present  state  of 
the  treasury,  that  you  may  consider  of  further  means  for  reducing 
and  finally  discharging  the  provincial  debt  with  ease  to  the  people. 
I  shall  be  ready  to  concur  with  you  in  all  necessary  measures  for 
that  purpose,  that  shall  be  agreeable  to  the  laws  and  instructions 
by  which  I  must  form  my  conduct. 

^— ~.   Gentlemen, 

\_JThe  general  settlement  of  the  American  Provinces,  which  has 
been  long  ago  proposed,  and  now  probably  will  be  prosecuted  to 
its  utmost  completion,  must  necessarily  produce  some  regulations, 
which,  from  their  novelty  only,  will  appear  disagreeable.  But  I 
am  convinced,  and  doubt  not  but  experience  will  confirm  it,  that 
they  will  operate,  as  they  are  designed,  for  the  benefit  and  advan 
tage  of  the  colonies.  In  the  mean  time  a  respectful  submission  to 
the  decrees  of  the  Parliament,  is  their  interest,  as  well  as  their  duty. 
In  an  empire,  extended  and  diversified  as  that  of  Great  Britain, 
there  must  be  a  supreme  legislature,  to  which  all  other  powers  must 


MASSACHUSETTS  STATE  PAPERS.  35 

be  subordinate.  It  is  our  happiness  that  our  supreme  legislature, 
the  Parliament  of  Great  Britain,  is  the  sanctuary  of  liberty  and 
justice ;  and  that  the  Prince,  who  presides  over  it,  realizes  the 
idea  of  a  patriot  King.  Surely,  then,  we  should  submit  our  opin 
ions  to  the  determinations  of  so  august  a  body  ;  and  acquiesce  in 
a  perfect  confidence,  that  the  rights  of  the  members  of  the  British 
empire  will  ever  be  safe  in  the  hands  of  the  conservators  of  the 
liberty  of  the  whole?!  FRA.  BERNARD. 

Council  ChamberTMay  30,  1765. 

[Committees  were  appointed  to  consider  that  part  of  the  Gov- 
vernor's  speech,  respecting  pot  ash,  the  manufacture  of  hemp,  and 
lumber.  But  the  journal  furnishes  no  evidence  that  any  reply  was 
made  to  that  part  of  the  speech,  which  referred  to  the  state  of  the 
Province,  though  Mr.  White,  (the  Speaker,)  J.  Otis,  T.  Gushing,  S. 
Dexter,  and  Col.  Worthington,  were  chosen  a  committee  to  con 
sider  it.] 


Proceedings  of  the  House  of  Representatives,,  respecting  sending 
a  Committee  to  New  York,  to  consult  with  Committees  from 
other  colonies,  on  the  state  of  the  country^  June,  6, 1765. 

THE  House  taking  into  consideration  the  many  difficulties  to 
which  the  colonies  are  and  must  be  reduced  by  the  operation  of 
some  late  acts  of  Parliament ;  after  some  time  spent, 

On  a  motion  made  and  seconded,  ordered  that  Mr.  Speaker,  Bri 
gadier  Ruggles,  Col.  Partridge,  Col.  Worthington,  Gen.  Wins- 
low,  Mr.  Otis,  Mr.  Gushing,  Col.  Saltonstall,  and  Capt.  Sheafe, 
be  a  committee  to  consider  what  measures  had  best  be  taken,  and 
make  report. 

The  committee  appointed  for  that  purpose,  reported  as  follows. 
The  committee  appointed  to  consider  what  dutiful,  loyal,  and  hum 
ble  address  may  be  proper  to  make  to  our  gracious  Sovereign  and 
his  Parliament,  in  relation  to  the  several  acts  passed,  for  levying 
duties  and  taxes  on  the  colonies,  have  attended  that  service,  and 
are  humbly  of  opinion  : 

That  it  is  highly  expedient  there  should  be  a  meeting  as  soon  as 
may  be,  of  committees  from  the  Houses  of  Representatives  or  Bur-  f3    /«?>,J    T»r 
gesses  in  the  several  colonies  on  this  continent,  to  consult  together         j          ,    ^ 
on  the  present  circumstances  of  the  colonies,  and  the  difficulties  to    ~>t<\mj» 
which  they  are  and  must  be  reduced  by  the  operation  of  the  late 
acts  of  Parliament  for  levying  duties  and  taxes  on   the  colonies, 
and  to  consider  of  a  general  and  humble  address  to  his  Majesty  and 
the  Parliament  to  implore  relief. 

And  the  committee  are  further  of  opinion  that  a  meeting  of  such 
committees  should  be  held  at  New  York,  on  the  first  Tuesday  of 


MASSACHUSETTS  STATE  PAPERS. 

October  next,  and  that  a  committee  of  three  persons  be  chosen  by 
this  House  on  the  part  of  this  Province,  to  attend  the  same. 

And  that  letters  be  forthwith  prepared  and  transmitted  to  the 
respective  Speakers  of  the  several  Houses  of  Representatives  or 
Burgesses  in  the  colonies  aforesaid,  advising  them  of  the  resolution 
of  this  House  thereon,  and  inviting  such  Houses  of  Representatives 
or  Burgesses  to  join  this  with  their  committees, in  the  meeting,  and 
for  the  purposes  aforesaid. 

And  that  a  proper  letter  be  prepared  and  forwarded  to  the  agent 
of  the  Province  on  these  matters  in  the  mean  time. 

Read  and  accepted,  and  ordered,  that  Mr.  Speaker,  Mr.  Otis, 
and  Mr.  Lee,  be  a  committee  to  prepare  a  draft  of  letters  to  be 
sent  to  the  respective  Speakers  of  the  several  Houses  of  Repre 
sentatives  in  the  colonies,  and  make  report. 

The  committee  appointed  for  that  purpose,  reported  the  following 
draft. 

Province  of  Massachusetts  Bay.  Boston^  June  8,  1765. 

SIR — The  House  of  Representatives  of  this  Province  in  the 
present  session  of  the  General  Court,  have  unanimously  agreed  to 
propose  a  meeting,  as  soon  as  may  be,  of  committees  from  the 
Houses  of  Representatives  or  Burgesses,  of  the  several  British 
eolonies  on  this  continent,  to  consult  together  on  the  present  cir 
cumstances  of  the  colonies,  and  the  difficulties  to  which  they  are 
and  must  be  reduced  by  the  operation  of  the  acts  of  Parliament 
for  levying  duties  and  taxes  on  the  colonies  ;  and  to  consider  of  a 
general  and  united,  dutiful  and  humble  representation  of  their  con 
dition  to  his  Majesty  and  the  Parliament,  to  implore  relief.  The 
House  of  Representatives  of  this  Province  have  also  voted  to  pro 
pose  that  such  meeting  be  at  the  city  of  New  York,  on  the  first 
Tuesday  of  October  next,  and  have  appointed  a  committee  of  three 
of  their  members  to  attend  that  service,  with  such  as  the  other 
Houses  of  Representatives  or  Burgesses  in  the  several  colonies 
may  think  fit  to  appoint  to  meet  them  :  And  the  committee  of  the 
House  of  Representatives  of  this  Province  are  directed  to  repair 
to  said  New  York,  on  said  first  Tuesday  of  October  next,  accord 
ingly.  If,  therefore,  your  honorable  House  should  agree  to  this 
proposal,  it  would  be  acceptable,  that  as  early  notice  of  it  as  possi 
ble  might  be  transmitted  to  the  Speaker  of  the  House  of  Represen 
tatives  of  this  Province. 

SAMUEL  WHITE,  Speaker. 

[The  Committee  was  chosen  by  the  House,  June,  1765,  and  were 
James  Otis,  Col.  Partridge,  of  Hatfield,  and  Timothy  Ruggles  ;  but 
Ruggles  did  not  consent  to  the  doings  of  the  convention,  which 
met  at  New  York,  in  Oct.  1765  ;  and  was  afterwards  censured  for 
it  by  the  House  of  Representatives. "J 


MASSACHUSETTS  STATE  PAPERS.  37 

PETITION 

Of  the  freeholders  and  other  inhabitants  of  the  Massachusetts  Bay, 
Rhode  Island,  and  Providence  Plantations,  New  Jersey,  Pennsyl 
vania,  the  government  of  the  counties  of  New  Castle,  Kent  and 
Sussex,  upon  Delaware,  Province  of  Maryland,  $c. 


MOST  HUMBLY  SHEWETH, 

THAT  the  inhabitants  of  these  colonies,  unanimously  devoted 
with  the  warmest  sentiments  of  duty  and  affection  to  your  Majes 
ty's  sacred  person  and  government,  inviolably  attached  to  the 
present  happy  establishment  of  the  protestant  succession  in  your 
illustrious  house,  and  deeply  sensible  of  your  royal  attention  to 
their  prosperity  and  happiness,  humbly  beg  leave  to  approach  the 
throne  by  representing  to  your  Majesty,  that  these  colonies  were 
originally  planted  by  subjects  of  the  British  Crown,  who,  animated 
with  the  spirit  of  liberty,  encouraged  by  your  Majesty's  royal  pre 
decessors,  and  confiding  in  the  public  faith  for  the  enjoyment  of 
all  the  rights  and  liberties  essential  to  freedom,  emigrated  from 
their  native  country  to  this  continent,  and  by  their  successful  per 
severance  in  the  midst  ot  innumerable  dangers  and  difficulties,  to 
gether  with  a  profusion  of  their  blood  and  treasure,  have  happily 
added  these  vast  and  valuable  dominions  to  the  empire  of  Great 
Britain. 

That  for  the  enjoyment  of  these  rights  and  liberties  several  go 
vernments  were  early  formed  in  the  said  colonies,  with  full  power 
of  legislation  agreeably  to  the  principles  of  the  English  constitution. 

That  under  those  governments  these  liberties  thus  vested  in 
their  ancestors  and  transmitted  to  their  posterity,  have  been  exer 
cised  and  enjoyed,  and  by  the  inestimable  blessings  thereof,  under 
the  favor  of  Almighty  God,  the  inhospitable  deserts  of  America 
have  been  converted  into  flourishing  countries  ;  science,  humanity 
and  the  knowledge  of  divine  truth,  diffused  through  remote  regions 
of  ignorance,  infidelity  and  barbarism,  the  number  of  British  sub 
jects  wonderfully  increased,  and  the  wealth  and  power  of  Great 
Britain  proportionably  augmented. 

That  by  means  of  these  settlements,  and  the  unparalleled  sue 
cess  of  your  Majesty's  arms,  a  foundation  is  now  laid  for  render 
ing  the  British  empire  the  most  extensive  and  powerful  of  any  re 
corded  in  history  ;  our  connection  with  this  empire,  we  esteem 
our  greatest  happiness  and  security,  and  humbly  conceive  it  may 
now  be  so  established  f>y  your  royal  wisdom.  as  to  endure  to  the  latest 
period  of  time.  (This  with  most  humble  submission  to  your  Ma 
jesty,  we  apprehenowill  be  most  effectually  accomplished,  by  fixing 
the  pillars  thereof,  on  liberty  and  justice,  and  securing  the  inherent 
rights  and  liberties  of  your  subjects  here,  upon  the  principles  of 
the  English  constitution.  To  this  constitution  these  two  principles 
are  essential,  the  right  of  your  faithful  subjects  freely  to  grant  to 


38  MASSACHUSETTS  STATE  PAPERS. 

your  Majesty  such  aids  as  are  required  for  the  support  of  your 
government  over  them,  and  other  public  exigencies,  and  trials  by 
their  peers.  By  the  one  they  are  secured  from  unreasonable  im 
positions,  and  by  the  other,  from  arbitrary  decisions  of  the  executive 
power.  The  continuance  of  these  liberties,  to  the  inhabitants  of 
America,  we  ardently  implore,  as  absolutely  necessary  to  unite  the 
several  parts  of  your  widely  extended  dominions,  in  that  harmony 
so  essential  to  the  preservation  and  happiness  of  the  wholfiT]  Pro 
tected  in  these  liberties,  the  emoluments  Great  Britain  receive 
from  us,  however  great  at  present,  are  inconsiderable,  compared 
with  those  she  has  the  fairest  prospect  of  acquiring.  By  this  pro 
tection,  she  will  for  ever  secure  to  herself  the  advantage  of  con 
veying  to  all  Europe  the  merchandizes  which  America  furnishes ; 
and  of  supplying,  through  the  same  channel,  whatever  is  wanted 
from  thence,  mere  opens  a  boundless  source  of  wealth  and  naval 
strength ;  yet  tliese  advantages,  by  the  abridgment  of  those  in 
valuable  rights  and  liberties,  by  which  our  growth  has  been  nourish 
ed,  are  in  danger  of  being  forever  lost,  and  our  subordinate  legis 
latures,  in  effect,  rendered  useless  by  the  late  acts  of  Parliament, 
imposing  duties  and  taxes  on  the  colonies,  and  extending  the  juris 
diction  of  the  courts  of  admiralty  here,  beyond  its  ancient  limits; 
statutes  by  which  your  Majesty's  Commons,  in  Britain,  undertake 
absolutely  to  dispose  of  the  property  of  their  fellow  subjects,  in 
America,  without  their  consent ;  and  for  the  enforcing  whereof, 
they  are  subjected  to  the  determination  of  a  single  judge,  in  a  court 
unrestrained  by  the  wise  rules  of  the  common  law ;  the  birthright 
of  Englishmen,  and  the  safeguard  of  their  persons  and  properly?) 

The  invaluable  rights  of  taxing  ourselves,  and  of  trial  by  our 
Peers,  of  which  we  implore  your  Majesty's  protection,  are  not,  we 
humbly  conceive,  unconstitutional,  but  confirmed  by  the  great 
charter  of  English  liberty.  On  the  first  of  these  rights,  the  honora 
ble  the  House  of  Commons  found  their  practice  of  originating 
money  bills,  a  right  enjoyed  by  the  kingdom  of  Ireland,  by  the 
clergy  of  England,  until  relinquished  by  themselves  5  a  right,  in 
fine,  which  all  other,  your  Majesty's  English  subjects,  both  within 
and  without  the  realm,  have  hitherto  enjoyed. 

"With  hearts,  therefore,  impressed  with  the  most  indelible  char 
acters  of  gratitude  to  your  Majesty,  and  to  the  memory  of  the 
kings  of  your  illustrious  house,  whose  reigns  have  been  signally 
distinguished  by  their  auspicious  influence  on  the  prosperity  of  the 
British  dominions ;  and  convinced,  by  the  most  affecting  proofs 
of  your  Majesty's  paternal  love  to  all  your  people,  however  dis 
tant,  and  your  increasing  and  benevolent  desires  to  promote  their 
happiness,  we  most  humbly  beseech  your  Majesty,  that  you  will  be 
graciously  pleased  to  take  into  your  royal  consideration,  the  dis 
tresses  of  your  faithful  subjects,  on  this  continent:  and  to  lay  the 


MASSACHUSETTS   STATE    PAPERS.  39 

same  before  your  Majesty's  Parliament;  and  to  afford  them  such 
relief,  as  in  your  royal  wisdom  their  unhappy  circumstances  shall 
be  judged  to  require. 
And  your  petitioners,  as  in  duty  bound,  will  pray,  &c. 

Signed, 

JAMES  OTIS,  >  Commissioners  from  Massachusetts 

OLIVER  PARTRIDGE,     J  Bay. 

\  Commissioners  from  Mode  Island. 
I  Commissioners  from  JVto  Jersey. 
Commissioners  from  Pennsylvania. 

Commissioners  from  Delaware. 

WILLIAM  MURDOCK, 

EDWARD  TILGMAN,       V-  Commissioners  from  Maryland. 

THOMAS  RINGGOLD,     J 

[A  similar  petition  was  addressed  to  each  House  of  Parliament  5 
but  containing  no  new  arguments,  nor  advancing  any  new  princi 
ples.,  it  is  thought  unnecessary  to  publish  them.] 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  SEPT.  25,  1765. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE  called  you  together  at  this  unusual  time,  in  pursuance 
of  the  unanimous  advice  of  a  very  full  Council,  that  you  may  take 
into  consideration  the  present  state  of  the  Province,  and  determine 
what  is  to  be  done  at  this  difficult  aud  dangerous  conjuncture.  I 
need  not  recount  to  you  the  violences  which  have  been  committed 
in  this  town,  nor  the  declarations  which  have  been  made  and  still 
subsist,  that  the  act  of  Parliament  for  granting  stamp  duties  injjie 
British  colonies  shall  not  be  executed  within  this  Province.  (The 
ordinary  executive  authority  of  this  government  is  much  too  weak 
to  contradict  such  declarations,  or  oppose  the  force  by  which  they 
are  supported.  It  has  therefore  been  found  necessary  to  call  the 
whole  legislative  power  in  aid  of  the  executive  government.  From 
this  time  this  arduous  business  .will  be  put  into  your  hands,  and  it 
will  become  a  provincial  concern?? 


40  MASSACHUSETTS  STATE  PAPERS. 

Upon  this  occasion  it  is  my  duty  to  state  to  you  what  will  prob 
ably  be  the- consequences,  if  you  should  suffer  a  confirmed  disobe 
dience  of  this  act  of  Parliament  to  take  place.  I  am  sensible  how 
dangerous  it  is  to  speak  out  at  this  time,  and  upon  this  subject ; 
but  my  station  will  not  allow  me  to  be  awed  or  restrained  in  what 
I  have  to  say  to  the  General  Court.  Not  only  my  duty  to  the 
King,  but  my  duty  to  the  Province,  my  love  of  it,  my  concern  for 
it,  oblige  me  to  be  plain  and  explicit  upon  this  occasion.  And  I 
hope  no  advocate  for  liberty  will  violate  that  essential  and  consti 
tutional  right,  freedom  of  speech  in  General  Assembly. 

As  I  desire  not  to  dictate  to  you,  and  would  avoid  all  appear- 
ances  of  doing  it,  I  shall  resolve  what  I  have  to  recommend  to 
your  consideration  into  mere  questions,  and  avoid  assertions  of 
my  own  in  matters  which  are  doubtful.  I  shall  not  enter  into  any 
disquisition  of  the  policy  of  the  act.  It  has  never  been  a  part  of 
my  business  to  form  any  judgment  of  it ;  and  as  I  have  not  hitherto 
had  any  opportunity  to  express  my  sentiments  of  it,  I  shall  not  do 
it  now.  (Thave  only  to  say,  that  it  is  an  act  of  the  Parliament  of 
Great  Britain,  and  as  such  ought  to  be  obeyed  by  the  subjects  of 
Great  Britain.  And  I  trust  that  tjje  supremacy  of  that  Parliament 
over  all  the  members  of  their  wide  and  digjised  empire,  never  was 
and  never  will  be  denied  within  these  wailjs?\ 

The  right  of  the  Parliament  of  Great  Britain  to  make  laws  for 
the  American  colonies,  however  it  has  been  controverted  in  Amer 
ica,  remains  indisputable  at  Westminster.  If  it  is  yet  to  be  made 
a  question,  who  shall  determine  it  but  the  Parliament  ?  If  the  Par 
liament  declares  that  this  right  is  inherent  in  them,  are  they  like 
to  acquiesce  in  an  open  and  forcible  opposition  to  the  exercise  of 
it  ?  Will  they  not  more  probably  maintain  such  right,  and  sup 
port  their  own  authority  ?  Is  it  in  the  will  or  in  the  power,  or  for 
the  interest  of  this  Province  to  oppose  such  authority  ?  If  such 
opposition  should  be  made,  may  it  not  bring  on  a  contest  which 
may  prove  the  most  detrimental  and  ruinous  event  which  could 
happen  to  this  people  ? 

It  is  said  that  the  gentlemen  who  opposed  this  act  in  the  House 
of  Commons,  did  not  dispute  the  authority  of  Parliament  to  make 
such  a  law,  but  argued  from  the  inexpediency  of  it  at  this  time, 
and  the  inability  of  the  colonies  to  bear  such  an  imposition.  These 
are  two  distinct  questions,  which  may  receive  different  answers. 
The  power  of  the  Parliament  to  tax  the  colonies  may  be  admitted, 
and  yet  the  expediency  of  exercising  that  power  at  such  a  time, 
and  in  such  a  manner,  may  be  denied.  But  if  the  questions  are 
blended  together  so  as  to  admit  of  but  one  answer,  the  affirmation 
of  the  right  of  Parliament  will  conclude  for  the  expediency  of  the 
act.  Consider,  therefore,  gentlemen,  if  you  found  your  applica 
tion  for  relief  upon  denying  the  Parliament's  right  to  make  such  a 
law$  whether  you  will  not  take  from  your  friends  and  advocates 
the  use  of  those  arguments  which  are  most  like  to  procure  the  re 
lief  you  desire  ? 


MASSACHUSETTS  STATE  PAPERS.  41 

You,  gentlemen  of  the  House  of  Representatives,  have  proposed 
a  Congress  of  committees  from  the  representatives  of  the  several 
colonies,  to  consider  of  a  general,  united,  dutiful,  loyal  and  humble 
representation  to  his  Majesty  and  the  Parliament.  Are  the  late 
proceedings  consistent  with  the  dutiful,  loyal  and  humble  repre 
sentation  which  you  have  proposed  ?  Will  the  denying  the  power 
and  authority  of  the  King  and  Parliament,  be  the  proper  means  to 
obtain  their  favor  ?  If  the  Parliament  should  be  disposed  to  repeal 
this  act  5  will  they  probably  do  it  whilst  there  subsists  a  forcible 
opposition  to  the  execution  of  it  ?  Is  it  not  more  probable  that  they 
will  require  a  submission  to  their  authority,  as  a  preliminary  to 
their  granting  you  any  relief  ?  Consider  then,  whether  the  opposi 
tion  to  the  execution  of  the  act,  has  not  a  direct  tendency  to  defeat 
the  measures  you  have  taken  to  procure  a  repeal  of  it,  if  you  do 
not  interpose  to  prevent  it. 

By  this  act,  all  papers  which  are  not  duly  stamped,  are  to  be 
null  and  void  ;  and  all  persons  who  shall  sign,  engross  or  write 
any  such  papers,  will  forfeit  for  each  fact  ten  pounds.  If  there 
fore,  stamps  are  not  to  be  used,  all  public  offices  must  be  shut  up  ; 
for  it  cannot  be  expected  that  any  officer  should  incur  penalties 
much  beyond  all  he  is  worth,  for  the  sake  of  doing  what  will  be 
null  and  void  when  it  is  done.  I  would  therefore  desire  you  to 
consider  what  effects  the  stopping  two  kinds  of  offices  only,  the  courts 
of  justice  and  the  custom  houses,  will  have  upon  the  generality 
of  the  people.  Whejn  the  courts  of  justice  are  shut  up,  no  one 
will  be  able  to  sue  for  a  debt  due  to  him,  or  an  injury  done  him. 
Must  not  then  all  credit  and  mutual  faith  cease  of  course,  and 
fraud  and  rapine  take  their  place  ?  Will  any  one's  person  or  pro 
perty  be  safe,  when  their  sole  protector  of  the  law  is  disabled  to 
act  ?  Must  not  the  hand  of  violence  be  then  let  loose,  and  force 
of  arms  become  the  only  governing  power  ?  Is  it  easy  to  form  an 
adequate  idea  of  a  state  of  general  outlawry  ?  And  may  not  the 
reality  exceed  the  worst  idea  you  can  form  of  it. 

If  trade  and  navigation  shall  cease  by  the  shutting  up  the  ports 
of  this  province  for  want  of  legal  clearances,  are  you  sure  that 
all  other  ports  which  can  rival  these,  will  be  shut  up  also  ?  Can 
you  depend  upon  recovering  your  trade  again  entire  and  undimin- 
ished,  when  you  shall  be  pleased  to  resume  it  ?  Can  the  people 
of  this  province  subsist  without  navigation  for  any  long  time  ? 
What  will  become  of  the  seamen  who  will  be  put  out  of  employ 
ment  ?  What  will  become  of  the  tradesmen  who  immediately  de 
pend  upon  navigation  for  their  daily  bread  ?  Will  these  people 
endure  want  quietly  without  troubling  their  neighbors  ?  What 
will  become  of  the  numberless  families  which  depend  upon  fishery  ? 
Will  they  be  able  to  turn  the  produce  of  their  year's  work  into 
the  necessaries  of  life,  without  navigation  ?  Are  there  not  num 
berless  other  families  who  do  not  appear  immediately  concerned 
in  trade,  and  yet  ultimately  depend  upon  it  ?  Do  you  think  it  pos- 
6 


42  MASSACHUSETTS  STATE  TAPERS. 

sible  to  provide  for  the  infinite  chain  of  the  dependents  upon 
trade  who  will  be  brought  to  want  by  the  stopping  it  ?  Is  it  certain 
that  this  province  has  a  stock  of  provisions  within  itself  sufficient 
for  all  its  inhabitants  without  the  usual  imports  ?  If  there  should 
be  a  sufficiency  in  general,  can  it  be  distributed  among  all  the  in 
dividuals  without  great  violence  and  confusion  ?  In  short,  can 
this  province  bear  a  cessation  of  law  and  justice,  and  of  trade 
and  navigation,  at  a  time  when  the  business  of  the  year  is  to  be 
wound  up,  and  the  severe  season  is  hastily  approaching  ?  These 
are  serious  and  alarming  questions,  which  deserve  a  cool  and  dis- 
pagsionate  consideration. 

(JVould  not  willingly  aggravate  the  dangers  which  are  before 
you  ;  I  do  not  think  it  very  easy  to  do  it :  this  province  seems  to 
me  to  be  upon  the  brink  of  a  precipice;  and  that  it  depends  upon 
you  to  prevent  its  falling?)  Possibly  I  may  fear  more  for  you  than 
you  do  for  yourselves  ;  out  in  the  situation  you  now  stand,  a  sight 
of  your  danger  is  necessary  to  your  preservation  ;  and  it  is  my 
business  to  open  it  to  you.  But  I  do  not  pretend  to  enumerate  all 
the  evils  which  may  possibly  happen  ;  several,  and  some  of  no 
little  importance  will  occur  to  you,  though  they  have  been  omitted 
by  me.  In  a  word,  gentlemen,  never  were  your  judgment  and 
prudence  so  put  to  a  trial,  as  they  are  like  to  be  upon  the  present 
occasion. 

I  am  aware  that  endeavors  have  been  or  may  be  used  to  lessen 
my  credit  with  you,  which  I  have  hitherto  always  studied  to  im 
prove  to  the  advantage  of  the  province.  Violences  seldom  come 
alone  :  the  same  spirit  which  pulls  down  houses  attacks  reputa 
tions.  The  best  men  in  the  province  have  been  much  injured  in 
this  way  :  I  myself  have  not  escaped  this  malignity.  But  I  shall 
not  lower  myself  so  as  to  answer  such  accusers  :  to  you  I  shall 
always  owe  such  explanations  as  shall  be  necessary  to  the  improve 
ment  of  a  good  understanding  between  us.  However,  I  will  take 
this  opportunity  to  declare  publicly,  that  ever  since  I  have  set  in 
this  chair,  I  have  been  constantly  attentive  to  the  true  interests  of 
this  province,  according  to  the  best  of  my  understanding,  and  have 
endeavored  to  promote  them  by  all  means  in  my  power.  The 
welfare  of  this  people  is  still  uppermost  in  my  heart ;  and  I  believe 
no  man  feels  more  for  them  than  I  do  at  this  present  time. 

P— '  Gentlemen  of  the  House  of  Representatives, 

|I  must  recommend  to  you  to  do  an  act  of  justice,  which  at  the 
same  time  will  reflect  credit  on  yourselves  :    I  mean  to  order  a 
v' ^compensation  to  be  made  to  the  sufferers  by  the  late  disturbances. 
tfi*    Their  losses  are  too  great  for  them  to  sit  down  with  5  one  of  them 
amounts  to  a  very  large  sum.     You  must  be  sensible  that  it  will  be 
expected  that  the  damages  be  made  good  ;   and  it  will  be  better 
for  you  to  do  it  of  your  own  accord  before  any  requisition  is 
made  to  you.     An  estimate  of  these  damages  is  made  by  a  commit 
tee  of  the  Council  pursuant  to  order,  which  will  be  laid  before  youTJ 


MASSACHUSETTS    STATE    PAPERS.  43 

Gentlemen, 

I  am  sensible  of  the  difficulty  of  the  part  you  have  to  act  5  it 
may  not  be  sufficient  for  you  to  be  convinced  of  the  necessity  of  a 
submission  to  the  law  for  the  present,  unless  the  same  conviction 
shall  be  extended  to  the  people  in  general.  If  this  should  be  so,  I 
can  only  desire  you  to  use  all  means  to  make  yourselves  well  ac 
quainted  with  the  exigencies  of  the  present  time  ;  and  if  you  shall 
be  persuaded  that  a  disobedience  of  the  act  is  productive  of  much 
more  evil  than  a  submission  to  it  can  be  ;  you  must  endeavor  to 
convince  your  constituents  of  the  truth  of  such  persuasion.  In 
such  case  I  shall  readily  grant  you  a  recess  for  a  sufficient  time, 
and  I  shall  be  ready  to  concur  with  you  in  all  other  legal  measures 
to  provide  for  the  safety  of  the  people  in  the  best  manner. 

FRA.  BERNARD. 

Council  Chamber,  September  25,  1765. 

[It  may  be  proper  to  observe  here,  that  a  riot  took  place  in  Bos 
ton,  in  August,  1765,  in  which  the  custom  house  officers  were 
insulted  and  threatened,  and  some  of  their  property  destroyed.] 


ANSWER 

< 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR'S  SPEECH, 
OCTOBER  23,  1765. 

May  it  please  your  Excellency, 

THE  House  of  Representatives  have  entered  into  a  due  consid 
eration  of  your  speech  to  both  houses  at  the  opening  of  this  ses 
sion  ;  and  should  have  earlier  communicated  to  your  Excellency 
our  sentiments  thereupon,  had  not  the  late  sudden  and  unexpected 
adjournment  prevented  it. 

We  must  confess,  that  after  your  Excellency  had  called  us  to 
gether  in  pursuance  of  the  unanimous  advice  of  a  very  full  Coun 
cil,  we  were  in  hopes  you  would  have  givpn  the  assembly  time  then 
to  have  considered  the  critical  state  of  the  province,  and  deter 
mined  what  was  proper  to  be  done  at  so  difficult  and  dangerous  a 
conjuncture. 

Your  Excellency  tells  us,  that  the  province  seems  to  be  upon  the 
brink  of  a  precipice  !  A  sight  of  its  danger  is  then  necessary  for 
its  preservation.  To  despair  of  the  commonwealth,  is  a  certain 
presage  of  its  fall.  Your  Excellency  may  be  assured,  that  the 
representatives  of  the  people  are  awake  to  a  sense  of  its  danger, 
and  their  utmost  prudence  will  not  be  wanting  to  prevent  its  ruin, 

We  indeed  could  not  have  thought  that  a  weakness  in  the  exec 
utive  power  of  the  province  had  been  any  part  of  our  danger,  had 


44  MASSACHUSETTS  STATE  PAPERS. 

not  your  Excellency  made  such  a  declaration  in  your  speech.  Cer 
tainly  the  General  Assembly  have  done  every  thing  incumbent  on 
them  ;  and  laws  are  already  in  being  for  the  support  of  his  Majes 
ty's  authority  in  the  province.  Your  Excellency  doth  not  point 
out  to  us  any  defect  in  those  laws  ;  and  yet  you  are  pleased  to  say, 
that  the  executive  authority  is  much  too  weak.  Surely  you  cannot 
mean,  by  calling  the  whole  legislative,  in  aid  of  the  executive  au 
thority,  that  any  new  and  extraordinary  kind  of  power  should  by 
law  be  constituted,  to  oppose  such  acts  of  violence  as  your  Excel 
lency  may  apprehend  from  a  people  ever  remarkable  for  their  loy 
alty  and  good  order  ;  though  at  present  uneasy  and  discontented. 
If,  then,  the  laws  of  the  province  for  the  preservation  of  his  Ma 
jesty's  peace  are  already  sufficient,  your  Excellency,  we  are  very 
sure,  need  not  to  be  told,  to  whose  department  it  solely  belongs  to 
appoint  a  suitable  number  of  magistrates  to  put  those  laws  in  exe 
cution,  or  remove  them  in  case  of  failure  of  their  duty  herein. 
And  we  hope  this  important  trust  will  remain  with  safety  to  the 
province,  where  the  constitution  has  lodged  it. 

Your  Excellency  is  pleased  to  tell  us,  that  declarations  have 
been  made  and  still  subsist,  that  the  act  of  Parliament  for  granting 
stamp  duties  in  the  colonies,  shall  not  be  executed  within  this  pro 
vince.  We  know  of  no  such  declarations.  If  any  individuals  of 
the  people  have  declared  an  unwillingness  to  subject  themselves  to 
the  payment  of  the  stamp  duties,  and  choose  rather  to  lay  aside  all 
business  than  make  use  of  the  stamped  papers,  as  we  are  not  ac 
countable  for  such  declarations,  so  neither  can  we  see  any  thing 
criminal  in  them.  This  House  has  no  authority  to  control  their 
choice  in  this  matter ;  the  act  does  not  oblige  them  to  make  use  of 
the  papers  ;  it  only  exacts  the  payment  of  certain  duties  for  such 
papers  as  they  may  incline  to  use.  Such  declarations  may  possibly 
have  been  made,  and  may  still  subsist,  very  consistently  with  the 
utmost  respect  to  the  King  and  Parliament. 

Your  Excellency  has  thought  proper  to  enumerate  very  minutely 
the  inconveniencies  that  may  arise  from  the  stamped  papers  not  be 
ing  distributed' among  the  people  ;  with  respect  to  some  of  which 
your  love  and  concern  for  the  province  leads  you  to  fear  more  for 
us  than  we  do  for  ourselves.  We  cannot  think  your  Excellency 
would  willingly  aggravate  our  dangers  ;  we  are  not  in  particular 
so  alarmed,  as  your  Excellency  seems  to  be,  with  the  apprehension 
of  the  hand  of  violence  being  let  loose.  Your  Excellency,  upon 
recollection,  will  find  that  all  papers  relative  to  crown  matters  are 
exempt  from  stamps.  The  persons  of  his  Majesty's  good  subjects 
will  still  remain  secure  from  injury.  That  spirit  which  your  Ex 
cellency  tells  us  attacks  reputations  and  pulls  down  houses,  will 
yet  be  curbed  by  the  law.  The  estates  of  the  people  will  remain 
guarded  from  theft  or  open  violence.  There  will  be  no  danger  of 
force  of  arms  becoming  the  only  governing  power.  Nor  shall  we 
realize  what  your  Excellency  is  pleased  to  call  a  state  of  general 


MASSACHUSETTS  STATE  PAPERS.  45 

outlawry.  This  we  think  necessary  to  be  observed,  without  a  par 
ticular  consideration  of  all  the  consequences  which  your  Excel 
lency  fears,  to  prevent,  if  possible,  any  wrong  impressions  from 
fixing  in  the  minds  of  ill  disposed  persons,  or  remove  them  if  al 
ready  fixed. 

You  are  pleased  to  say,  that  the  stamp  act  is  an  act  of  Parlia 
ment,  and  as  such  ought  to  be  observed.  This  House,  sir,  has  too 
great  a  reverence  for  the  supreme  legislature  of  the  nation,  to  ques 
tion  its  just  authority :  It  by  no  means  appertains  to  us  to  presume  to 
adjust  the  boundaries  of  the  power  of  Parliament ;  but  boundaries 
there  iiqjftubtfiHty  flrfi*  Wft  hope  we  may  without  offence,  put 
your  Excellency  in  mind  of  that  most  grevious  sentence  of  excom 
munication,  solemnly  denounced  by  the  church,  in  the  name  of  the 
sacred  trinity,  in  the  presence  of  King  Henry  the  Third,  and  the 
estates  of  the  realm,  against  all  those  who  should  make  statutes,  or 
observe  them,  being  made  contrary  to  the  liberties  of  the  Magna 
Charta.  We  are  ready  to  think  that  those  zealous  advocates  for 
the  constitution  usually  compared  their  acts  of  Parliament  with 
Magna  Charta  ;  and  if  it  ever  happened  that  such  acts  were  made 
as  infringed  upon  the  rights  of  that  charter,  they  were  always  re 
pealed.  We  have  the  same  confidence  in  the  rectitude  of  the  pre 
sent  Parliament ;  and  therefore  cannot  but  be  surprized  at  an  inti 
mation  in  your  speech,  that  they  will  require  a  submission  to  an 
act  as  a  preliminary '  to  their  granting  relief  from  the  unconstitu 
tional  burdens  of  it  5  which  we  apprehend  includes  a  suggestion 
in  it  far  from  your  Excellency's  design,  and  supposes  such  a  wan 
ton  exercise  of  mere  arbitrary  power,  as  ought  never  to  be  surmised 
of  the  patrons  of  liberty  and  justice.  <**- 

Furthermore,  your  Excellency  tells  us  that  the  right  of  the  Par-\ 
liament  to  make  laws  for  the  American  colonies  remains  indisputa 
ble  in  Westminster.  Without  contending  this  point,  we  beg  leave 
just  to  observe  that  the  charter  of  the  province  invests  the  General 
Assembly  with  the  power  of  making  laws  for  its  internal  govern 
ment  and  taxation  ;  and  that  this  charter  has  never  yet  been  for 
feited.  The  Parliament  has  a  right  to  make  all  laws  within  the 
limits  of  their  own  constitution  5  they  claim  no  more.  Your  Excel 
lency  will  acknowledge  that  there  are  certain  original  inherent 
rights  belonging  to  the  people,  which  the  Parliament  itself  cannot 
divest  them  of,  consistent  with  their  own  constitution  :  among 
these  is  the  right  of  representation  in  the  same  body  which  exer 
cises  the  power  of  taxation.  There  is  a  necessity  that  the  subjects 
of  America  should  exercise  this  power  within  themselves,  other 
wise  they  cart  have  no  share  in  that  most  essential  right,  for  they 
are  not  represented  in  Parliament,  and  indeed  we  think  it  irnprac- 
^tlcaj^le.  Your  Excellency's  assertion  leads  us  to  think  that  you  affe 
ofa  different  mind  with  regard  to  this  very  material  point,  and 
that  you  suppose  we  are  represented  ;  but  the  sense  of  the  nation 
itself  seems  always  to  have  been  otherwise.  The  right  of  the  col- 


46  MASSACHUSETTS  STATE  PAPERS. 

onies  to  make  their  own  laws  and  tax  themselves  has  been  never, 
that  we  know  of,  questioned  ;  but  has  been  constantly  recognized 
by  the  King  and  Parliament.  The  very  supposition  that  the  Par 
liament,  though  the  supreme  power  over  the  subjects  of  Britain 
universally,  should  yet  conceive  of  a  despotic  power  within  them 
selves,  would  be  most  disrespectful  ;  and  we  leave  it  to  your  Ex 
cellency's  consideration,  whether  to  suppose  an  indisputable  right 
in  any  government,  to  tax  the  subjects  without  their  consent,  does 
not  include  the  idea  of  such  a  powerTI 

May  it  please  your  Excellency, 

Our  duty  to  the  King,  wrho  holds  the  rights  of  all  his  subjects 
sacred  as  his  own  prerogative  ;  and  our  love  to  our  constituents 
and  concern  for  their  dearest  interests,  constrain  us  to  be  explicit 
upon  this  very  important  occasion.  We  beg  that  your  Excellency 
would  consider  the  people  of  this  province  as  having  the  strongest 
affection  for  his  Majesty,  under  whose  happy  government  they 
have  felt  all  the  blessings  of  liberty  :  They  have  a  warm  sense  of 
honor,  freedom  and  independence  of  the  subjects  of  a  patriot 
King :  they  have  a  just  value  for  those  inestimable  rights  which 
are  derived  to  all  men  from  nature,  and  are  happily  interwoven  in 
the  British  constitution  :  They  esteem  Lt  sacrilege  for  them  ever 
to  give  them  up  ;  and  rather  than  lose  them,  they  would  willingly 
part  with  every  thing  else.  We  deeply  regret  it,  that  the  Parlia 
ment  has  seen  fit  to  pass  such  an  act  as  the  stamp  act  :  we  flatter 
ourselves  that  the  hardships  of  it  will  shortly  appear  to  them  in 
such  a  point  of  li»ht  as  shall  induce  them  in  their  wrisdom  to  repeal 
it :  In  the  mean  time  we  must  beg  your  Excellency  to  excuse  us 
from  doing  any  thing  to  assist  in  the  execution  of  it  :  Were  we,  in 
order  to  avoid  assertions,  to  resolve  what  we  have  to  say  on  this 
head  into  mere  questions,  we  should  with  all  humility  ask,  whether 
it  would  be  possible  for  us  to  add  any  weight  to  an  act  of  that  most 
august  body  the  Parliament  ?  whether  it  would  not  be  construed  as 
arrogance  and  presumption  in  us  to  attempt  it  ?  whether  your  Ex 
cellency  can  reasonably  expect  that  the  House  of  Representatives 
should  be  active  in  bringing  a  grievous  burden  upon  their  constitu 
ents  ?  Such  a  conduct  in  us  would  be  to  oppose  the  sentiments  of 
the  people  whom  we  represent,  and  the  declared  instruction  of 
most  of  them.  They  complain  that  some  of  the  most  essential 
rights  of  Magna  Charta,  to  which  as  British  subjects  they  have  an 
undoubted  claim,  are  injured  by  it :  that  it  wholly  cancels  the  very 
conditions  upon  which  our  ancestors  settled  this  country,  and  en 
larged  his  Majesty's  dominions,  with  much  toil  and  blood,  and  at 
their  sole  expense  :  that  it  is  totally  subversive  of  the  happiest 
frame  of  subordinate,  civil  government,  expressed  in  our  charter, 
which  amply  secures  to  the  Crown  our  allegiance,  to  the  nation 
our  connection,  and  to  ourselves  the  indefeasible  rights  of  Britons : 
that  it  tends  to  destroy  that  mutual  confidence  and  affection,  as 


MASSACHUSETTS   STATE   PAPERS.  47 

well  as  that  equality  which  ought  ever  to  subsist  among  all  his  Ma 
jesty's  subjects  in  his  wide  and  extended  empire  :  that  it  may  be 
made  use  of  as  a  precedent  for  their  fellow  subjects  in  Britain  for 
the  future,  to  demand  of  them  what  part  of  their  estates  they  shall 
think  proper,  and  the  whole  if  they  please  :  that  it  invests  a  single 
judge  of  the  admiralty,  with  a  power  to  try  and  determine  their 
property  in  controversies  arising  from  internal  concerns,  without 
a  jury,  contrary  to  the  very  expression  of  Magna  Charta  ;  that  no 
freeman  shall  be  amerced,  but  by  the  oath  of  good  and  lawful  men 
of  the  vicinage  :  that  it  even  puts  it  in  the  power  of  an  informer 
to  carry  a  supposed  offender  more  than  two  thousand  miles  for 
trial  5  and  what  is  the  worst  of  all  evils,  if  his  Majesty's  Ameri 
can  subjects  are  not  to  be  governed,  according  to  the  known  stated 
rules  of  the  constitution,  as  those  in  Britain  are,  it  is  greatly  to  be 
feared  that  their  minds  may  in  time  become  disaffected  ;  which  we 
cannot  even  entertain  the  most  distant  thought  of  without  the 
greatest  abhorrence.  We  are  truly  sorry  that  your  Excellency 
has  never  made  it  a  part  of  your  business  to  form  any  judgment 
of  this  act ;  especially  as  you  have  long  known  what  uneasiness 
the  most  distant  prospect  of  it  gave  to  his  Majesty's  good  subjects 
in  America,  and  of  this  province,  of  which  you  are  substituted  to  be 
the  head  and  father.  Had  your  Excellency  thought  it  proper  to 
have  seasonably  entered  into  a  disquisition  of  the  policy  of  it,  you 
would,  we  doubt  not,have  seen  that  the  people's  fears  were  not  with 
out  good  foundation ;  and  the  love  and  concern  which  you  profess 
to  have  for  them,  as  well  as  your  duty  to  his  Majesty,  whose  faith 
ful  subjects  they  are,  might  have  been  the  most  powerful  motives  to 
your  Excellency  to  have  expressed  your  sentiments  of  it  early 
enough  to  those  whose  influence  brought  it  into  being. 

We  cannot  help  expressing  our  great  uneasiness,  that  after  men 
tioning  some  violences  committed  in  the  town  of  Boston,  your 
Excellency  should  ask  this  House,  whether  such  proceedings  are 
consistent  with  the  dutiful,  humble  and  loyal  representations  which 
we  propose  should  be  made.  We  are  sore  your  Excellency  will 
not  expressly  charge  us  with  encouraging  the  late  disturbances  ; 
and  yet  to  our  unspeakable  surprise  and  astonishment,  we  cannot 
but  see,  that  by  fair  implication  it  may  be  argued  from  the  man 
ner  of  expression,  that  an  odium  was  intended  to  be  thrown  on  the 
province.  We  inherit  from  our  ancestors  the  highest  relish  for 
civil  liberty  ;  but  we  hope  never  to  see  the  time  when  it  shall  be 
expedient  to  countenance  any  methods  for  its  preservation  but 
such  as  are  legal  and  regular.  When  our  sacred  rights  are  in 
fringed,  we  feel  the  grievance,  but  we  understand  the  nature  of 
our  happy  constitution  too  well,  and  entertain  too  high  an  opinion 
of  the  virtue  and  justice  of  the  supreme  legislature,  to  encourage 
any  means  of  redressing  it,  but  what  are  justifiable  by  the  consti 
tution.  We  must  therefore  consider  it  as  unkind  for  your  Excel 
lency  to  cast  such  a  reflection  on  a  province  whose  unshaken 


48  MASSACHUSETTS    STATE    PAPERS. 

loyalty  and  indissoluble  attachment  to  his  Majesty's  most  sacred 
person  and  government  was  never  before  called  in  question,  and 
we  hope  in  God  never  will  again.  We  should  rather  have  thought 
your  Excellency  would  have  expressed  your  satisfaction  in  pre 
siding  over  so  loyal  a  people,  who  in  that  part  of  the  government 
where  the  violences  were  committed,  before  there  was  time  for 
them  to  be  supported  by  the  arm  of  civil  power,  and  even  while 
the  supreme  magistrate  was  absent,  by  their  own  motion  raised  a 
spirit  and  diffused  it  through  all  ranks,  successfully  to  interpose 
and^put  a  stop  to  such  dangerous  proceedings. 

|Your  Excellency  is  pleased  to  recommend  a  compensation  to  be 
made  to  the  sufferers  by  the  late  disturbances.  We  highly  disap- 
prove  of  the  acts  of  violence  which  have  been  committed  ;  yet  till 
we  are  convinced  that  to  comply  with  what  your  Excellency  re- 
commends,  will  not  tend  to  encourage  such  outrages  in  time  to 
come,  and  till  some  good  reason  can  be  assigned  why  the  losses 
those  gentlemen  have  sustained  should  be  made  good,  rather  than 
any  damage  which  other  persons,  on  any  other  different  occasions, 
might  happen  to  suffer,  we  are  persuaded  we  shall  not  see  our  way 
clear  to  order  such  a  compensation  to  be  made.  We  are  greatly  at 
a  loss  to  know  who  has  any  right  to  require  this  of  us,  if  we  should 
differ  from  your  Excellency  in  point  of  its  being  an  act  of  justice, 
which  concerns  the  credit  of  the  government.  We  cannot  con 
ceive  why  it  should  be  called  an  act  of  justice,  rather  than  gene 
rosity,  unless  your  Excellency  supposes  a  crime  committed  by  a 
few  individuals,  chargeable  upon  a  whole  community?) 

We  are  very  sorry  that  your  Excellency  should  think  it  needful 
to  intimate  that  any  endeavors  have  been,  and  may  be  used,  to 
lessen  your  credit  with  this  House.  Your  Excellency  cannot  but 
be  sensible  that  when  the  popular  pulse  beats  high  for  privileges,  it 
is  no  unusual  thing  for  a  clamor  to  be  raised  against  gentlemen 
of  character  and  eminence.  We  can  assure  you  that  our  judgment 
of  men,  especially  those  in  high  stations,  is  always  founded  upon 
our  experience  and  observation.  Wliile  your  Excellency  is  pleased 
to  make  your  duty  to  our  most  gracious  Sovereign,  and  a  tender 
regard  to  the  interest  of  his  subjects  of  this  province,  the  rule  of 
your  administration,  you  may  rely  upon  the  readiest  assistance 
that  this  house  shall  be  able  to  afford  you.  And  you  will  have  our 
best  wishes  that  you  may  have  wisdom  to  strike  out  such  a  path  of 
conduct,  as,  while  it  secures  to  you  the  smiles  of  your  Royal  Mas 
ter,  will  at  the  same  time  conciliate  the  love  of  a  free  and  loyal 
people. 

[The  Session  in  September  lasted  only  three  days ;  and  the  Court 
met  again  October  21.  The  answer  was  prepared  by  S.  White, 
(the  speaker,)  T.  Gushing,  S.  Dexter,  J.  Lee,  Capt.  Sheaffe,  Gen. 
winslow,  T.  Gray,  and  Sir.  Foster,  of  Plymouth.] 


MASSACHUSETTS    STATE    PAPERS.  49 


MESSAGE 

OF  GOVERNOR  BERNARD,   TO  THE  TWO  HOUSES,  RESPECTING 
STAMPS,  SEPTEMBER  26,  1765. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

A  SHIP  is  arrived  in  this  harbor  with  stamped  papers  on  board 
for  the  Ring's  use  in  this  province  ;  and  also  with  other  papers 
for  the  like  use  in  the  province  of  New  Hampshire  and  colony  of 
Rhode  Island. 

As  Mr.  Oliver  has  declined  the  office  of  distributor  of  stamped 
papers,  and  cannot  safely  meddle  with  what  are  arrived,  the  care 
of  them  devolves  to  this  government,  as  having  a  general  charge  of 
the  King's  interest  within  it. 

I  have  already  laid  this  matter  before  the  Council,  and  they  have 
referred  it  to  the  General  Court.  I  therefore  now  apply  to  you, 
jointly,  to  desire  your  advice  and  assistance,  in  order  to  preserve 
the  stamped  papers  designed  for  this  government,  being  the  King's 
property  of  very  considerable  value,  safe  and  secure  for  his  Majes 
ty's  further  orders. 

I  must  also  desire  you  at  the  same  time  to  consider  of  the  like 
preservation  of  the  stamped  papers  designed  for  New  Hampshire 
and  Rhode  Island,  if  the  distributors  appointed  for  those  govern 
ments  should  decline  taking  charge  of  them,  as  in  such  case  the 
care  of  them  will  devolve  to  this  government  equally  with  the  others; 

FRA.  BERNARD. 

Council  Chamber,  September  25,  1765. 


ANSWER 

OF  THE  TWO  HOUSES,  TO  THE  FOREGOING  MESSAGE} 
SEPTEMBER  26,  1765. 

May  it  please  your  Excellency, 

THE  House  having  given  all  due  attention  to  your  Excellency's 
message  of  this  day,  beg  leave  to  acquaint  your  Excellency,  that 
as  the  stamped  papers,  mentioned  in  your  message,  are  brought 
here  without  any  directions  to  this  government,  it  is  the  sense  of 
the  House  that  it  may  prove  of  ill  consequence  for  them  any  ways 
to  interest  themselves  in  this  matter.  We  hope,  therefore,  your 
Excellency  will  excuse  us  if  we  cannot  see  our  way  clear  to  give 
you  any  advice  or  assistance  herein. 
7 


50  MASSACHUSETTS    STATE    PAPERS. 

Resolutions  of  the  House  of  Representatives,  expressive  of  their 
sense  of  the  rights  of  the  colonies,  October  25,  1765. 

1.  Resolved,  That  there  are  certain  essential  rights  of  the  British 
constitution  of  government,  which  are  founded  in  the  law  of  God 
and  nature,  and  are  the  common  rights  of  mankind;  Therefore, 

2.  Resolved,  That  the  inhabitants  of  this  province  are  unaliena- 
bly  entitled  to  those  essential  rights,  in  common  with  all  men : 
and  that  no  law  of  society  can,  consistent  with  the  law  of  God 
and  nature,  divest  them  of  those  rights. 

3.  Resolved,  That  no  man  can  justly  take  the  property  of  ano 
ther,  without  his  consent;  and  that  upon  this  original  principle, 
the  right  of  representation  in  the  same  body  which  exercises  the 
power  of  making  laws  for  levying  taxes,  which  is  one  of  the  main 
pillars  of  the  British  constitution,  is  evidently  founded. 

4.  Resolved,  That  this  inherent  right,  together  with  all  other 
essential  rights,  liberties,  privileges,  and  immunities  of  the  people 
of  Great  Britain,  have  been  fully  confirmed  to  them  by  Magna 
Charta,  and  by  former  and  later  acts  of  Parliament. 

5.  Resolved,  That  his  Majesty's  subjects,  in  America,  are,  in 
reason  and  common  sense,  entitled  to  the  same  extent  of  liberty 
with  his  Majesty's  subjects  in  Britain. 

6.  Resolved,  That  by  the  declaration  of  the  royal  charter  of  this 
province,  the  inhabitants  are  entitled  to  all  the  rights,  liberties, 
and  immunities  of  free  and  natural  subjects  of  Great  Britain,  to 
all  intents,  purposes  and  constructions  whatever. 

7.  Resolved,  That  the  inhabitants  of  this  province  appear  to  be 
entitled  to  all  the  rights  aforementioned,  by  an  act  of  Parliament, 
13th  of  George  II. 

8.  Resolved,  That  those  rights  do  belong  to  the  inhabitants  of 
this  province,  upon  principles  of  common  justice  :  their  ancestors 
having  settled  this  country  at  their  sole  expense,  and  their  pos 
terity  having  constantly  approved  themselves  most  loyal  and  faith 
ful  subjects  of  Great  Britain. 

9.  Resolved,  That  every  individual  in  the  colonies  is  as  advan 
tageous  to  Great  Britain,  as  if  he  was  in  Great  Britain,  and  held 
to  pay  his  full  proportion  of  taxes  there.     And  as  the  inhabitants 
of  this  province  pay  their  full  proportion  of  taxes,  for  the  support 
of  his  Majesty's  government  here,  it  is  unreasonable  for  them  to 
be  called  upon  to  pay  any  part  of  the  charges  of  the  government 
there. 

10.  Resolved,  That  the  inhabitants  of  this  province  are  not,  and 
never  have  been,  represented  in  the  Parliament  of  Great  Britain  : 
and  that  such  a  representation  there,  as  the  subjects  in  Britain 
do  actually  and  rightfully  enjoy,  is  impracticably  for  the  subjects 
in  America.     And  further,  that  in  the  opinion  of  this  House,  the 
several  subordinate  powers  of  legislation,  in  Am erica,r  were  con 
stituted  upon  the  apprehensions  of  this  impracticability^ 


MASSACHUSETTS    STATE    PAPERS.  51 

11.  Resolved,  That  the  only  method,  whereby  the  constitutional 
rights  of  the  subjects  can  be  secure,  consistent  with  a  subordina 
tion  to  the  supreme  power  of  Great  Britain,  is  by  the  continued 
exercise  of  such  powers  of  government  as  are  granted  in  the  royal 
charter,  and  a  firm  adherence  to  the  privileges  of  the  same. 

12.  Resolved,  As  a  just  conclusion  from  some  of  the  foregoing^ 
resolves,  that  all  acts,  made  by  any  power  whatever,  other  than 
the  General  Assembly  of  this  province,  imposing  taxes  on  the  in 
habitants,  are  infringements  of  our  inherent  and  unalienable  rights, 
as  men  and  British  subjects ;  and  render  void  the  most  valuable 
declarations  of  our  charter. 

13.  Resolved,  That  the  extension  of  the  powers  of  the  court  of 
admiralty  within  this  province,  is  a  most  violent  infraction  of  the 
right  of  trials  by  juries  :  Aright  which  this  House,  upon  the  prin 
ciples  of  their  British  ancestors,  hold  most  dear  and  sacred  ;  it 
being  the  only  security  of  the  lives,  liberties,  and  properties  of  his* 
Majesty's  subjects  here.  *^ 

14.  Resolved,  That  this  House  owe  the  strictest  allegiance  to 
his  most  sacred  Majesty  King  George  the  Third;  that  they  have 
the  greatest  veneration  for  the  Parliament ;  and  that  they  will, 
after  the  example  of  all  their  predecessors,  from  the  settlement  of 
this  country,  exert  themselves  to  their  utmost,  in  supporting  his 
Majesty's  authority  in  the  province  ;  in  promoting  the  true  happi 
ness  of  his  subjects ;  and  in  enlarging  the  extent  of  his  dominion. 

Ordered,  That  all  the  foregoing  resolves  be  kept  in  the  records 
of  this  House ;  that  a  just  sense  of  liberty,  and  the  firm  sentiments 
of  loyalty  may  be  transmitted  to  posterity. 

[These  resolutions  passed  unanimously ;  and  the  committee 
who  reported  them,  were  S.  White,  (the  Speaker,)  Gushing,  Ad 
ams,  Dexter,  Bowers,  Sheaflfe,  Witt,  Saunders,  and  Humphrey.] 


[The  following  communications  between  the  House  of  Repre 
sentatives  and  the  Council,  will  shew  how  tenacious  the  former 
were  of  their  rights.] 

MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TC\  THE  COUNCIL,  ON  THE  SUB-  Al 
JECT  OF  DRAWING  MONEY  FROM  THE  TREASURY  BY  THE  GOVERNOR,, 

AND  COUNCIL,  WITHOUT  CONSENT  OF  THE  HOUSE  ;  NOVEMBER,  e,  1755.    -V* 

In  the  House  of  Representatives,  Resolved,  that  the  following  Re 
monstrance  be  sent  up  to  his  Majesty's  Council. 

May  it  please  your  Honors, 

AT  a  time  when  all  this  continent  are  groaning  under  the 
burden  of  taxes  necessarily  laid  on  them,  by  their  own  Represent- 


52  MASSACHUSETTS    STATE    PAPERS. 

atives,  to  discharge  the  arrearages  incurred  by  the  late  war  ;  at  a 
time  when  they  are  justly  complaining  that  very  heavy  additional 
taxes,  external  and  internal,  have  been  imposed  on  them  by  the 
British  Parliament,  without  their  consent,  and  in  which  they  neither 
are  nor  can  be  represented  ;  at  a  time  when  the  establishment  of 
Castle  William  was  kept  up  to  the  same  number  of  men  that  his 
Excellency  required  in  the  height  of  the  war,  besides  four  inde 
pendent  companies,  excused  from  all  other  military  duty  but  that 
of  defending  that  fortress  :  At  such  a  time,  it  is  to  the  last  degree 
astonishing  to  this  House,  that  the  Governor  and  Council  should 
go  about  to  make  an  additional  establishment  of  a  new  company 
there;  and  that  the  sum  of  £\  16,17  has  been  actually  drawn  out 
of  the  treasury,  for  that  purpose,  by  a  warrant  from  the  Governor 
and  Council.  There  is  no  principle  of  the  British  constitution 
more  clearly  and  firmly  established,  than  that  impositions,  neither 
in  time  of  war,  or  other  the  greatest  necessity  or  occasion*  that 
may  be,  much  less  in  the  time  of  peace,  neither  upon  foreign  or 
inland  commodities  of  what  nation  soever,  be  they  never  so  su 
perfluous  or  unnecessary,  neither  upon  merchants,  strangers,  or 
denizens,  may  be  laid  by  the  King's  absolute  power,  without  the 
assent  of  Parliament,  be  it  for  never  so  short  a  time.  If  the  Gov 
ernor  and  Council  have  a  right,  in  any  case,  to  raise  and  pay  one 
company,  they  may  raise  ten  or  an  hundred  ;  and  at  their  pleasure 
subject  this  people  to  be  governed  by  a  standing  army.  We, 
therefore,  in  duty  to  ourselves,  our  constituents,  and  to  posterity, 
declare  the  said  procedure  to  be  an  high  infraction  of  the  rights  of 
this  House,  with  whom  the  originating  and  granting  all  taxes  on 
the  freeholders  and  inhabitants  of  this  province,  is  indubitably  and 
constitutionally  lodged.  We  are  the  more  alarmed  at  this  extra 
ordinary  step  in  the  Governor  and  Council,  as,  besides  that  it 
implies  a  very  injurious  distrust  of  the  independent  companies 
assigned  for  the  more  immediate  defence  of  Castle  William ;  a 
similar  instance  of  misapplying  the  public  monies  in  relation  to 
fitting  out  a  sloop  of  war,  was  not  long  since  remonstrated  against. 

We  earnestly  beseech  your  honors  that  no  measures  of  this 
kind  be  taken  for  the  future,  and  that  you  would  be  pleased  to  or 
der  that  the  said  sum  be  replaced  in  the  treasury  for  the  public 
service. 

[A  remonstrance  conceived  in  the  same  terms  with  the  above, 
mutatis  mutandis,  was  presented  to  the  Governor/] 


MASSACHUSETTS  STATE  PAPERS.  53 


MESSAGE 

JROM  THE  COUNCIL  TO  THE  HOUSE  OF  REPRESENTATIVES,  IN  ANSWER 
TO  THE  ABOVE,   NOVEMBER  7,  1765. 

In  Council,  Resolved  unanimously,  that  the  following  Message  be 
sent  to  the  House  of  Representatives. 

Gentlemen  of  the  House  of  Representatives, 

AT  a  time  when  union  of  councils  and  unity  of  measures  are 
so  necessary  to  the  welfare  and  peace  of  the  community,  the  Board 
are  very  sorry  that  any  thing  should  take  place  to  interrupt  the 
harmony  \vhi«  h  ought  to  subsist  between  the  several  branches  of 
the  legislature. 

The  Board  agree  with  the  honorable  House  that  no  principle  of 
the  British  constitution  is  more  clearly  and  firmly  established,  than 
that  no  impositions  upon  foreign  or  inland  commodities,  or  upon 
merchants,  strangers  or  denizens,  may  be  laid  by  the  King's  abso 
lute  power,  without  assent  of  Parliament.  And  the  Board  appre 
hend,  that  they  have  not,  either  in  their  separate  capacity,  or  in 
conjunction  with  the  Governor,  acted  inconsistently  with  that 
principle. 

It  seems  necessary  to  the  well  being  of  society,  that  there  should 
be  subsisting  within  it  a  power  at  all  times  ready  to  provide  against 
sudden  and  unexpected  emergencies,  that  by  an  immediate  exertion 
a  positive  good  may  be  produced,  or  a  threatened  evil  prevented. 
If  the  General  Court  could  be  always  sitting,  that  power  would  al 
ways  reside  therein  ;  but  when  this  cannot  be  the  case,  it  would 
argue  great  defect  in  the  constitution,  to  suppose  such  a  power  not 
to  exist ;  and  if  it  exists  at  all,  it  must  be  in  the  Governor  and 
Council.  From  the  very  nature  of  government,  which  is  formed 
for  the  good  of  the  people,  it  seems  necessary  that  the  Governor 
and  Council,  in  cases  of  emergency,  should  have  a  power  (when 
the  General  Court  cannot  be  sitting)  to  provide  for  the  good  of 
the  people.  And  such  a  power  is  deducible  from  the  province 
charter,  which  declares,  "that the  Governor,  with  the  Assistants  or 
Counsellors,  or  seven  of  them  at  the  least,  shall  and  may,  from 
time  to  time,  hold  and  keep  a  Council  for  the  ordering  and  directing 
of  the  affairs  of  the  Parliament."  And  the  same  power  is  implied 
in  the  oath,  which  each  Counsellor  is  by  law  obliged  to  take,  upon 
his  admission  to  the  Board,  viz.  "  that  he  will,  to  the  best  of  his 
judgment,  at  all  times,  freely  give  his  advice  to  the  Governor  for 
the  good  encouragement  of  the  public  affairs  of  this  government." 
The  Board,  however,  are  by  no  means  fond  of  exercising  such  a 
power  ;  and  wish  the  occasions  for  it  had  never  arisen,  and  may 
never  arise  again.  And  in  justice  to  themselves,  they  must  de 
clare,  that  they  are  not  chargeable  with  making  wanton  use  of  any 
power  entrusted  with  them. 


54  MASSACHUSETTS  STATE  PAPERS. 

What  the  honorable  House  mention  as  exceptional  in  their  con 
duct,  the  Board  came  into  with  great  reluctance.  The  minds  of 
the  people  were  so  agitated  at  that  time  about  the  stamps,  that  it 
was  generally  apprehended  that  if  they  were  not  lodged  in  some 
place  of  security,  they  would  be  infallibly*  destroyed  $  in  which 
case  the  province  might  have  been  answerable  at  least  for  the 
amount  of  them.  Upon  this  reasoruwithout  being  more  particular, 
the  conduct  of  the  Board  stands.  (It  did  not  proceed  from  any  af 
fection  for  the  stani]>s,  to  which  they  have  as  great  an  aversion  as 
the  honorable  HouseTj[]  nor  from  a  disposition  to  put  the  province 
to  a  needless  expense ;  for  as  soon  as  they  judged  it  might  be  done 
with  propriety,  they  unanimously  advised,  "  that  his  Excellency 
give  orders  to  stop  any  further  enlistment,  and  to  discharge  the 
men  already  enlisted  as  soon  as  may  be  ;"  which  his  Excellency 
accordingly  did. 

(The  Board  are  embarked  in  the  same  bottom  with  the  honorable 
House — we  must  both  sink  or  swim  together  ;  and  any  expense  or 
injury  to  the  province  is  suffered  proportionally  by  both.  The 
Board  are  therefore  led  by  interest  as  well  as  principle,  to  prevent 
the  one,  if  unnecessary,  and  to  ward  off  the  other ;  and  in  what 
they  did,  they  thought  they  were  doing  what  their  duty  required 
of  themjj  the  using  means  to  prevent  an  injury  happening  to  the 
province,  or  to  prevent  the  people  in  the  warmth  of  their  temper 
from  hurting  themselves.  The  Board  may  have  misjudged  in  this 
matter,  they  pretend  not  to  be  infallible.  This,  however,  they  can 
say,  they  have  been  actuated  by  upright  principles  ;  and  so  far 
was  it  from  their  intention  to  make  a  high  infraction,  or  any  in 
fraction  at  all  on  the  rights  of  the  honorable  House  (with  whom  they 
arc  fully  sensible  all  taxes  should  constitutionally  originate)  that 
their  sole  aim  was  the  prevention  of  an  evil  to  the  province.  And 
the  Board  think  it  their  duty,  at  this  time,  to  declare,  that  when  the 
government  is  more  immediately  devolved  on  the  Governor  and 
Council,  they  ought  not  to  leave  the  Commonwealth  at  hazard,  so 
long  as  any  endeavors  of  their's  consistent  with  the  Constitution 
can  avail  to  preserve  it. 


In  the  House  of  Representatives,  November  8, 1765  :  Resolved, 
that  the  following  Message  be  sent  to  the  Honorable  Board,  in  re 
ply  to  their  answer  of  yesterday. 

Mr.  President, 

THE  answer  of  the  Honorable  Board  to  the  remonstrance  of 
the  House,  gives  us  very  sensible  concern,  as  it  contains,  not  only 
a  justification  of  the  measure  complained  of ;  but  is,  in  effect,  a 
declaration  of  the  Honorable  Board,  that,  in  the  recess  of  the  Gen- 


MASSACHUSETTS    STATE    PAPERS.  55 

eral  Court,  all  the  powers  of  government  are  devolved  on  and 
vested  in  the  Governor  anj}  Council,  at  their  discretion  to  be 
exercised  and  executed.  [As  the  legislative  power  of  Great  Bri 
tain  is  by  the  constitution  lodged  in  the  King,  Lords  and  Com 
mons,  so  the  subordinate  provincial  legislative  power  is  herfiL 
lodged  in  the  Governor,  Council  and  House  of  Representatives^) 
and  it  would  be  quite  as  constitutional  to  assert,  that  in  the  recess 
of  Parliament,  the  Supreme  Legislative  of  Great  Britain  is  de 
volved  on  his  Majesty  and  the  House  of  Lords,  or  the  Privy -Coun 
cil,  as  to  affirm,  that  in  the  recess  of  the  General  Court,  all  the 
powers  of  the  Legislature  here  are  devolved  on  the  Governor  and 
Council.  It  seems  to  be  conceded  by  the  Honorable  Board,  that 
if  the  General  Assembly  had  been  sitting,  the  Governor  and  Coun 
cil  could  not  have  rightly  taken  the  measures  complained  of.  This 
is  a  concession,  that  it  was  properly  a  legislative  act.  And  will 
the  Honorable  Board  assert,  that  the  Governor  and  Council  are  a 
complete  Legislature,  in  the  recess  of  the  General  Court^  while  it 
is  manifest  they  have  no  such  distinct  power  when  the  General 
Court  is  sitting  ?  Many  have  been  the  attempts  to  make  the  peo 
ple  of  England  easy  under  taxes,  imposition  and  the  levies  of  troops 
without  any  parliamentary  establishment,  but  in  vain.  .  The  nation 
could  never  be  brought  to  so  visible  an  infraction  of  their  native 
right  of  giving  and  granting  only  such  part  and  proportion  of  their 
property  to  the  public  service  as  they  might  think  tit.  *«. 

The  clause  in  the  province  charter,  recited  by  the  Honorable} 
Board  in  their  answer,  can,  by  the  rules  of  good  construction,  only 
relate  $o  the  executive  powers  lodged  by  the  said  charter  in  the 
Governor  and  Council,  ever  subject  to  the  just  limitation  and  con 
trol  of  the  fundamental  principles  and  laws  of  the  constitution* 
The  capital  of  these  is,  that,  under  no  color  or  pretext  whatever, 
can  the  subject  be  directly  or  indirectly  taxed,  but  by  his  own  con 
sent,  in  person,  or  by  his  representative.  There  can  be  no  neces 
sity  for  so  strange  an  exertion  of  power  and  prerogative  in  the 
Governor  and  Council  in  any  emergency  that  may  happen  in  the 
recess  of  the  General  Court,  as  very  great  military  powers  are  by 
charter  lodged  in  the  Governor,  who  with  advice  of  his  Council 
may  ever  proclaim  the  law  martial.  But  should  that  be  done,  the 
pay  of  the  army  would  depend  on  the  legislative  power  ;  and  all 
grants  for  that  purpose  must  originate  with  the  representatives  of 
the  peopleTj  There  is  nothing  more  certain  than  that  the  Governor 
and  Council  of  this  province,  in  the  recess  of  the  General  Court,  can 
rightfully  claim  only  executive  powers  ;  and  as  they  represent  the 
Supreme  Executive  in  Great  Britain,  we  would  cheerfully  admit, 
that  so  far  as  is  necessary  for  the  good  of  the  whole,  they  may,  in 
cases  of  urgent  necessity  exercise  the  just  prerogatives  of  the  Crown, 
which  are,  by  royal  charter,  devolved  upon  them.  And,  both  there 
and  here,  as  the  legislative  and  executive  powers  are  in  different 
hands,  the  good  of  society,  for  obvious  reasons,  requires  that  several 


56  MASSACHUSETTS    STATE    PAPERS. 

things  should  be  left  to  the  discretion  of  him  or  them,  who  have 
the  executive  power.  But  this  hinders  not  but  that  the  preroga 
tive  should  in  certain  instances  be  expressly  limited  and  bounded. 
All  who  are  acquainted  with  the  laws  and  constitution  of  Great 
Britain,  very  well  know  that  the  prerogative  there  is  thus  limited, 
and  that  since  the  revolution  there  have  been  no  successful  at 
tempts  to  leap  the  bounds  firmly  fixed  at  that  glorious  era.  One 
of  those  bounds  was  the  appropriation  of  the  several  branches  of 
the  revenue  granted  by  the  Commons,  which  are  in  no  case  to  be 
broken  in  upon.  When  any  extraordinary  exigency  takes  place, 
it  is  to  be  provided  for  as  well  as  may  be  ;  and  that  in  confidence 
of  the  Parliament ;  and  the  first  opportunity  is  taken  to  lay  the 
matter  before  the  Commons.  Have  we  ever  had  even  a  compli 
ment  of  this  kind  BQ?  the  Sheriff  cannot  in  any  case  raise  the 
posse  comitatus,  or  iT"the  standing  militia  answer  not  the  ends  of 
their  institution,  and  in  consequence  thereof  it  becomes  needful  to 
raise  new  levies,  the  House  should  be  called  upon  for  their  appro 
bation,  at  least  ex  post  facto  ;  but  we  have  not  heard  a  syllable  to 
this  purpose^  We  entertain  no  doubt  of  the  uprightness  and  good 
intentions  of  the  Honorable  Board,  but  have  only  to  desire  them 
seriously  to  consider  what  the  people  of  this  province  will  have 
left  them  worthy  the  great  name  of  freedom,  if  it  should  be  con 
ceded  that  an  unlimited  power  is  devolved  on  and  lodged  with  the 
Governor  and  Council  in  the  recess  of  the  General  Court,  which 
recess,  with  or  without  the  advice  of  the  Council,  may,  at  the  pleas 
ure  of  the  Commander  in  Chief,  be  continued  from  the  day  of  one 
general  election  to  that  of  another.  If  the  Governor  and  Council 
can,  at  their  discretion,  dispose  of  the  public  monies  when  raised,  a 
direct  assessment  by  them  on  the  freeholders  and  inhabitants  of 
the  province,  without  admiting  the  House  to  an  opportunity  of 
originating  or  assenting  to  the  taxes  imposed  on  the  subject,  would 
be  a  very  unimportant  step.  It  is  impossible  the  Honorable  Board 
should  more  sincerely  wish  for  peace  and  harmony  in  government 
than  the  House.  But  this  is  a  point  we  must  not,  we  cannot 
give  up. 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  NOVEMBER  8,  1765. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  WAS  so  determined  to  let  the  business  of  this  part  of  the 
session  pass  on  without  any  interruption  from  me,  that  I  have 
postponed  doing  myself  justice  in  a  matter  in  which  I  think  I  have 


MASSACHUSETTS  STATE  PAPERS.  57 

been  much  injured.  But  as  it  has  not  been  my  intention  to  pass 
it  over  in  silence,  and  therefore  seem  to  admit  the  justice  of  the 
charge,  I  take  this  opportunity  to  make  the  following  expostulation. 

Gentlemen  of  the  House  of  Representatives,  ~-» 

Your  answer  to  my  speech  is  conceived  in  terms  so  different^  *• 
from  what  you  have  been  used  to  address  me  with,  that  I  know* 
not  how  to  account  for  it,  but  from  the  disordered  state  of  the 
province,  which  affects  its  very  councils.  I  shall  therefore  avoid 
reasoning  upon  the  unfair  arguments  and  groundless  insinuations 
which  have  been  made  use  of  to  misrepresent  me.  Time  and  their 
own  insufficiency  will  effectually  confute  them.  Time  will  make  you, 
gentlemen,  sensible  how  much  you  were  deceived  when  you  were 
prevailed  upon  to  give  a  sanction  to  so  injurious  a  treatment  of  me. 

What,  have  I  done  to  deserye^this  ?  I  have  happened  to  be  the 
Governor  of  this  province  at  a  time  when  the  Parliament  has 
thought  proper  to  enact  a  taxation  of  the  colonies.  It  is  not  pretended 
that  I  have  promoted  this  tax  ;  nor  can  it  with  any  truth  be  pre 
tended  that  I  have  had  it  in  my  power  to  have  opposed  it  by  any 
means  whatsoever.  However,  when  the  act  was  passed  it  brought 
upon  me  a  necessary  duty,  which,  it  seems,  did  not  coincide  with 
the  opinions  of  thej)eoplet.  This  is  my  offence  ;  but  it  is  really 
iihe  offence  of  my  office ;  and  against  that,  you  should  have  express 
ed  your  resentment,  and  not  against  my  person.  If  I  could  have 
dispensed  with  my  duty,  perhaps  I  might  have  pleased  you  ;  but 
then  I  must  have  condemned  myself,  and  been  condemned  by  my 
Royal  Master.  I  cannot  purchase  your  favor  at  so  dear  a  rate.  ^A 

I  will  however  own,  if  it  will  please  you,  that  I  acted  with  more 
zeal  for  you,  than  prudence  towards  myself :  I  have  thought  it 
your  duty  to  submit  to  this  act  until  you  could  get  it  repealed  ;  I 
have  thought  that  a  submission  to  it  would  be  the  readiest  means  to 
obtain  a  repeal ;  I  have  thought  that  a  disobedience  of  it  would  be  pro 
ductive  of  more  hurt  to  you  than  a  submission  to  it ;  I  have  urged 
these  things  earnestly,  because  I  thought  them  of  great  importance 
to  you  5  but  still  I  have  acted  with  a  regard  to  truth  and  with  an 
upright  intention.  I  may  be  mistaken  in  my  apprehension  of  this 
matter  ;  but  the  time  is  yet  to  come  when  it  shall  appear  that  I  am 
so.  If  it  should  be  so,  as  I  heartily  wish  it  may,  an  error  of  judg 
ment,  with  a  good  will  and  fair  meaning,  does  not  deserve  a  severe 
reprehension  ;  much  less  does  it  deserve  it  before  it  really  appears 
to  be  an  error. 

You  seem  to  be  displeased  with  my  making  the  opposition  to  the 
execution  of  the  act  of  Parliament  a  business  of  the  provincial 
legislature.  But  gentlemen,  you  should  consider  that  it  was  in 
pursuance  of  the  unanimous  advice  of  a  very  full  Council  that  I 
called  you  together  for  this  very  purpose.  It  was  necessary  for 
me  to  explain  the  cause  of  your  meeting  ;  and  I  could  not  avoid 
being  explicit  upon  the  subject,  consistent  with  my  sense  of  duty. 
8 


58  MASSACHUSETTS  STATE  PAPERS. 

I  should  have  thought  myself  very  inexcusable  if  I  had  foreseen 
danger  to  the  province  like  to  arise  from  the  behavior  of  the  peo 
ple  and  not  have  warned  you  against  them  ;  but  I  could  not  be  so 
indifferent  about  the  welfare  of  this  government.  I  have  therefore 
acquitted  myself ;  I  have  delivered  my  own  soul  ;  and  you  will 
remember,  that,  if  any  consequences  disagreeable  to  you  shall  hap 
pen,  I  have  not  been  wantins  in  guarding  you  against  them.  If 
there  shall  be  none  such,  so  much  the  better  ;  I  shall  be  well  pleas 
ed  to  find  myself  mistaken. 

To  justify  your  unkind  treatment  of  me,  you  charge  me  with 
unkindness  towards  the  province.  This  is  no  uncommon  practice ; 
but  let  us  see  in  the  present  case  how  it  is  founded.  You  intimate 
that  if  I  had  had  the  love  and  concern  for  the  people  which  I  pro 
fess,  I  should  have  expressed  my  sentiments  of  the  act  early  enough 
to  those  whose  influence  brought  it  into  being.  But  from  whence 
do  you  learn  that  I  have  had  any  opportunity  to  express  such  senti 
ments  ?  Do  you  imagine  that  I  take  the  liberty  of  obtruding  rny 
advice  to  his  Majesty's  ministers  unasked  and  unexpected,  and  in 
a  business  belonging  to  a  department  with  which  I  have  not  the 
honor  to  correspond  ?  I  have  never  neglected  any  opportunity  to 
serve  the  province  in  those  offices  to  which  I  have  a  right  to  apply, 
and  have  taken  as  great  liberty  in  so  doing  as  perhaps  any  Governor 
whatsoever  ;  but  in  this  business  I  have  had  no  pretence  to  inter 
pose  ;  nor  do  I  believe  any  Governor  in  America  has  presumed  to 
express  his  sentiments  against  the  act  in  question. 

You  charge  me  with  casting  a  reflection  on  the  loyalty  of  the 
province,  by  wresting  my  words  to  a  meaning  which  it  is  not  easy 
to  conceive  how  they  could  be  thought  to  bear.  No  one,  gentle 
men,  has  been  louder  in  proclaiming  the  loyalty  of  this  province 
than  I  myself  have.  I  have  boasted  of  it ;  I  have  prided  myself 
in  it ;  and  I  trust  the  time  will  come  when  i  shall  do  so  again  5 
for  I  hope  the  estimate  of  this  people  will  not  be  formed  from  a 
review  of  the  present  times,  which,  in  my  opinion,  have  been  made 
much  more  difficult  than  they  need  have  been.  But  this  fermenta 
tion  must  subside,  though  it  is  not  easy  to  say  when,  or  in  what 
mariner ;  and  the  province  will  be  restored  to  its  former  peace 
and  reputation. 

If  I  wanted  to  apologize  for  my  general  conduct  in  this  govern 
ment,  I  need  only  to  apply  to  your  registers,  where  I  shall  find 
frequent  instances  of  the  approbation  of  my  administration.  And, 
so  far  as  an  upright  intention,  and  a  diligent  exercise  of  my  abili 
ties  will  go,  I  have  deserved  them.  It  is  not  much  above  a  year 
since  you  thought  proper,  by  a  special  request,  to  desire  me  to  be 
your  advocate  for  particular  purposes.  If  I  was  at  liberty  to  make 
public  my  execution  of  that  commission,  I  should  make  those  blush 
who  would  persuade  you  that  I  am  not  a  real  friend  to  the  inter 
ests,  and  especially  to  the  trade  of  this  people.  Nothing  is  better 
understood  at  home  than  my  attachment  to  this  province.  The 


MASSACHUSETTS  STATE  PAPERS.  59 

public  offices,  where  my  letters  are  filed,  are  full  of  proofs  of  it ; 
and  there  is  not  a  minister  of  state,  whom  I  have  had  the  honor  to 
correspond  with,  who  does  not  know  I  am  far  from  being  unfriend 
ly  to  the  province,  or  indifferent  to  its  interests. 

But,  gentlemen,  you  will  make  me  cautious  how  I  force  my  ser 
vices  upon  you.  Not  that  I  intend  to  desert  the  cause  of  the  pro 
vince  ;  I  shall  still  serve  it  by  all  means  in  my  power.  And  really, 
gentlemen,  if  you  will  permit  me  to  give  you  one  piece  of  advice 
more,  you  may  possibly  stand  in  such  need  of  advocates  as  to 
make  it  not  prudent  for  you  to  cast  off  any  of  your  natural  and 
professed  friends  :  for  such  I  am,  and  shall  always  be,  in  wishes 
and  private  offices,  whether  you  will  allow  me  to  appear  publicly 
in  that  character  or  not.  The  pains  which  are  taken  to  disunite 
the  General  Court,  must  have  bad  consequences,  more  or  less  ; 
but  they  shall  not  prevent  me  pursuing  such  measures  as  I  shall 
think  most  conducive  to  the  general  welfare  of  the  province. 

FRA.  BERNARD. 

Council-  Chamber,  November  8,  1765. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR'S  SPEECH 
OF  NOVEMBER  8,  1765,  PRESENTED  JANUARY  17,  1766. 

May  it  please  your  Excellency, 

As  you  was  pleased  to  close  the  last  session  of  the  General 
Assembly  with  a  speech  to  both  Houses,  there  was  no  time  for  the 
House  of  Representatives  then  to  take  it  under  their  consideration. 
Thinking  it  our  duty,  however,  to  give  all  attention  to  what  your 
Excellency  is  pleased  at  any  time  to  say  to  us,  we  have  made  it 
the  first  business  of  this  session  carefully  to  peruse  it  5  and  should 
have  been  glad  if  we  could  have  passed  it  over  in  silence. 

The  House,  sir,  has  no  disposition  to  dispute  your  Excellency's 
right  to  deliver  your  speech  to  the  Assembly  at  what  time  you 
think  proper ;  yet,  if  at  any  time,  you  are  pleased  to  express 
yourself  in  terms  which  bear  hard  upon  ourselves  or  our  constitu 
ents,  we  cannot  help  observing  to  your  Excellency,  that  it  ap 
pears  to  us  an  undue  exercise  of  the  prerogative  to  lay  us  under 
the  necessity,  either  of  silence,  or  of  being  thought  out  of  season 
in  making  a  reply. 

Our  answer  to  your  former  speech  might  have  been  "  conceived 
in  terms  different  from  what  you  have  been  used  to  ;"  and  yet  be 
unexceptionable.  We  are  very  sorry  your  Excellency  has  been 
pleased  to  charge  it  with  "  unfair  arguments  and  groundless  insin- 


60  MASSACHUSETTS   STATE    PAPERS. 

nations  to  misrepresent  you,"  without  pointing  out  the  justice  of 
the  charge. 

You  tell  us,  that  in  order  to  justify  our  construction  of  your 
words,  as  being  designed  to  cast  an  odium  on  the  province,  we 
have  i4  wrested  them  to  a  meaning,  which  it  is  not  easy  to  con 
ceive  they  could  bear."  To  vindicate  ourselves,  we  need  only  re 
cite  your  own  words.  Your  Excellency  asked  the  House,  "  wheth 
er  the  late  proceedings  (meaning  the  violences  which  had  been 
committed  in  Boston,  to  which  you  particularly  referred)  were 
consistent  with  the  humble,  dutiful  and  loyal  representations  to 
his  Majesty  and  the  Parliament,  which  they  had  proposed."  If 
your  Excellency  did  not  intend  to  have  it  understood,  that  the 
whole  province  had  abetted  those  violent  proceedings,  we  are  ut 
terly  at  a  loss  to  apprehend  the  pertinence  of  the  question. 

The  House,  however,  would  not  have  insisted  on  this,  had  not 
your  Excellency  expressed  as  much  in  your  last  speech  before  the 
prorogation,  wherein  you  say,  "  that  the  disordered  state  of  the 
province,  (meaning,  as  the  House  apprehend,  those  violent  pro 
ceedings,)  had  affected  its  very  councils  5"  and  allege  this  as  the 
cause  or  occasion  of  the  unusual  terms,  in  which  they  had  ad 
dressed  you.  And,  indeed,  what  other  meaning  can  we  put  upon 
what  your  Excellency  further  says  in  the  same  speech,  "  that  the 
House  had  been  prevailed  upon  to  give  a  sanction  to  an  injurious 
treatment  of  you."  From  all  which,  this  House  cannot  think  it 
would  be  putting  a  forced  construction  upon  your  words  to  con 
clude,  that  it  is  your  Excellency's  opinion,  that  the  whole  bodyof 
the  people  had  justified  the  violences  committed  by  a  few  persons 
in  the  town  of  Boston,  (though  publicly  detested  by  its  inhabi 
tants)  that  they  were  upon  the  very  borders  of  rebellion,  that  their 
representatives  had  adopted  their  spirit,  and  had  been  prevailed 
upon,  by  your  enemies  out  of  doors,  to  give  a  sanction  to  an  inju 
rious  treatment  of  you.  The  House  expressed  their  concern,  that 
your  Excellency  should  entertain  such  an  opinion  of  a  people, 
whom  you  have  heretofore  been  pleased  to  characterise  as  the  most 
loyal  of  his  Majesty's  American  provinces.  And  they  are  very 
sorry  that  you  should  think  you  have  reason  to  use  such  severity 
of  language  towards  themselves,  especially  after  they  had  assured 
you,  that  their  judgment  of  men,  particularly  of  those  in  high  sta 
tions,  and  consequently  of  your  Excellency,  was  always  formed 
on  their  own  experience  and  observation. 

Your  Excellency's  manner  of  expression,  in  another  part  of  your 
speech,  fully  shews  that  you  have  in  some  measure  altered,  or  at 
least  suspended,  your  opinion  of  the  people  of  this  province  in 
point  of  their  loyalty  :  in  speaking  of  which  you  make  use  of  the. 
time  past  and  future,  without  mentioning  the  present.  "  No  one," 
you  tell  us,  "  has  been  louder  in  proclaiming  the  loyalty  of  this 
people  than  yourself.  You  have  boasted  of  it ;  you  have  prided 
yourself  in  it."  And  then  you  add,  "  that  you  trust  the  time  will 


MASSACHUSETTS    STATE    PAPERS.  61 

come  when  you  shall  do  so  again."  Your  present  sentiments  of 
them  you  hide  in  silence,  for  which  a  reason  seems  to  be  implied 
in  the  hopes  you  express,  "  that  an  estimate  of  this  people  will  not 
be  formed  from  a  review  of  the  present  times."  (Of  the  present 
times,  may  it  please  your  Excellency,  impartial  history  will  re 
cord,  that  the  people  of  this  continent,  after  giving  the  strongest 
testimonies  of  their  loyalty  to  his  Majesty,  particularly  by  making 
their  utmost  exertions  in  defending  his  territories  and  enlarging 
his  dominion  in  this  part  of  the  world,  upon  a  motion  made  in  this 
House,  gave  an  equal  testimony  of  a  love  of  liberty  and  regard  to 
those  principles,  which  are  a  basis  of  his  Majesty's  government,  by 
a  glorious  stand,  even  against  an  act  of  Parliament  5  because  they 
plainly  saw,  that  their  essential,  unalienable  right  of  representa 
tion  and  of  trials  by  jury,  the  very  foundation  of  the  British  con 
stitution,  was  infringed,  and  even  annihilated  by  it.  But  that 
they  had  knowledge  aixl  virtue'enough  to  regulate  their  opposition 
to  it  by  the  law,  and  steadily  to^ersevere  in  such  steps  as  the  con 
stitution  has  prescribed  to  obtain  its  repeal ;  that  is,  by  humble, 
dutiful  and  loyal  representations  to  his  Majesty  and  the  Parlia 
ment.  And  we  take  this  occasion  to  acquaint  your  Excellency 
and  all  the  world,  that  the  House  of  Representatives  of  this  pro 
vince  have  in  general  been  expressly  instructed  by  their  constitu 
ents  to  endeavor  to  obtain  a  repeal  by  all  means  consistent  with 
their  loyalty  to  their  Sovereign,  and  a  due  veneration  to  the  Par 
liament  of  Great  BritaftTTj  An  estimate,  formed  from  this  view, 
can  never  be  to  the  disadvantage  of  the  present  times. 

Your  Excellency  says,  that  these  times  have  been  made  more 
difficult,  than  they  need  have  been  ;  which  is  also  the  opinion  of 
this  House.  Those  who  have  made  them  so,  have  reason  to  regret 
the  injury  they  have  done  to  a  sincere  and  honest  people.  We  are 
glad,  however,  to  find,  that  the  difficulty  of  the  times  is,  in  a  great 
measure,  removed  ;  and  we  trust,  that  the  province  will  be  soon 
restored  to  its  former  tranquillity — your  Excellency  is  pleased  to 
add,  "  reputation."  The  custom  houses  are  now  open,  and  the 
people  are  permitted  to  do  their  own  business.  The  courts  of 
justice  must  be  open — open  immediately,  and  the  law,  the  great 
rule  of  right  in  every  county  in  the  province,  executed.*  The 
stopping  the  course  of  justice  is  a  grievance  which  this  House 
must  inquire  into.  Justice  must  be  fully  administered  through 
the  province,  by  which  the  shocking  effects,  which  your  Excellency 
apprehended  from  the  people's  non-compliance  with  the  stamp  act, 
will  be  prevented.  Nothing  now  remains  but  to  support  the  King's 
executive  authority  in  this  province,  for  which  there  is  sufficient 
provision  in  the  laws  ;  and  patiently  to  wait  in  hope*  that  the  hum 
ble,  dutiful  and  loyal  application,  jointly  made  by  the  people  of 

*  The  courts  had  been  suspended  for  some  months,  because  they  would  not  proceed  to 
do  business  without  stamps  ;  and  the  people  declined  using  them.  See  doings  of  the  Gen 
eral  Court  on  the  subject,  Feb.  irov.. 


62  MASSACHUSETTS  STATE  PAPERS. 

the  continent  for  the  repeal  of  the  act,  will  be  succeeded.  And 
though  your  Excellency  has  told  us,  that  you  never  thought  it  prop 
er  to  express  your  sentiments  against  the  act,  we  have  reason  to 
expect,  that  as  it  is  "  a  business  in  which  you  have  no  pretence  to  in 
terpose,"  you  have  never  taken  any  steps  to  prevent  its  repeal. 

You  are  pleased  to  say,  that  "  nothing  is  better  understood  at 
home  than  your  attachment  to  this  province — that  the  public 
offices,  where  your  letters  are  filed,  are  full  of  proofs  of  it  ;  and 
that  there  is  not  a  minister  of  state,  whom  you  have  the  honor  of 
corresponding  with,  who  does  not  know  you  are  far  from  being 
unfriendly  to  the  province,  or  indifferent  to  its  interests."  This 
House  would,  by  no  means,  dispute  the  sincerity  of  your  Excel 
lency's  declarations  ;  and  we  think  we  might  from  hence  conclude, 
that  though  "  you  have  happened  to  be  the  Governor  of  this  pro 
vince,  at  a  time  when  the  Parliament  has  thought  proper  to  enact 
a  taxation  of  the  colonies,"  you  did  not  promote  this  tax  ;  your 
Excellency  indeed  is  not  pleased*  so  expressly  to  declare  this  5 
yet  as  you  have  the  honor  of  9orresponding  with  ministers  of 
state,  we  might  have  been  at  least  induced  to  believe,  had  not  your 
Excellency  said,  that  it  could  not  with  any  truth  be  pretended,  that 
you  had  it  in  your  power,  by  some  means,  to  have  prevented  it. 
And  it  was  upon  the  presumption  of  your  great  interest  in  the 
British  Court,  that  the  House  took  the  liberty  of  saying,  that  the 
love  and  concern  you  profess  to  have  for  the  people  of  your  pro 
vince  might  have  been  powerful  motives  to  your  Excellency  to 
have  expressed  your  sentiments  of  the  act  early  enough  to  those 
whose  influence  brought  it  into  being.  But  your  Excellency  has 
fully  satisfied  us  with  regard  to  this  matter,  by  intimating  in  your 
speech,  "  that  you  never  had  an  opportunity  to  express  such  senti 
ments  ;"  that  it  was  a  business  belonging  to  a  department,  "  with 
which  you  have  not  the  honor  to  correspond,  and  in  which  you  had 
no  pretence  to  interpose  5"  and  "  that  your  sentiments  delivered  to 
his  Majesty's  ministers  unasked,"  upon  an  affair,  which  most  nearly 
affected  the  liberties  of  his  subjects  under  your  government,  uwould 
be  deemed  an  obtrusion."  Upon  all  which,  the  House  forbear  to 
make  any  remarks  ;  and  thank  your  Excellency  for  assuring  us, 
that  you  have  never  neglected  any  opportunity  of  serving  the  pro 
vince  in  those  offices,  to  which  you  have  a  right  to  apply. 

You  are  pleased  to  remind  us  of  the  frequent  instances,  in  our 
registers,  of  the  approbation  of  your  administration.  Your  Excel 
lency  will  allow  them  to  be  testimonies  of  the  justice  of  this  people 
and  of  their  good  disposition  towards  you.  We  wish  you  were  at 
liberty  to  make  public  your  execution  of  that  commission,  which 
your  Excellency  mentions,  wherein  you  were  specially  requested 
by  a  former  House  to  be  their  advocate  for  particular  purposes. 
For  your  Excellency  may  be  assured  that  this  House  is  at  all 
times  ready  to  acknowledge,  with  gratitude,  the  wisdom  and  fidel 
ity  of  your  administration,  as  well  as  any  kind  offices  which  you 


MASSACHUSETTS    STATE    PAPERS.  63 

are  pleased  to  do  the  province  in  a  more  private  manner,  when 
ever  you  shall  make  us  sensible  of  them.  We  shall  always  think 
the  province  happy  in  your  real  friendship,  and  should  be  very- 
sorry,  should  you  think  it  necessary  "  for  the  future  to  be  cautious 
in  the  exercise  of  it." 

The  pains  which  your  Excellency  mentions,  as  having  been  taken 
to  disunite  the  General  Court,  have  not  been  within  our  observa 
tion.  And  you  may  rely  upon  it,  that  nothing  on  our  part  will  be 
wanting  to  cultivate  that  harmony  which  is  ever  necessary,  and  es 
pecially  at  this  dangerous  conjuncture,  while  your  Excellency  shall 
pursue  such  measures  as  shall  be  most  conducive  to  the  general 
welfare  of  the  province. 

[This  answer  was  reported  by  J.  Otis.  J.  Bowers,  S.  Adams, 
Gen.  Winslow,  Capt.  Sheaffe,  T.  Cushing  and  Col.  Gerrish.] 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  JANUARY  16,  1766. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 
You  are  met  together  at  the  usual  time  for  opening  the  winter 
session  :  I  have  no  immediate  commands  from  his  Majesty  to  pro 
pose  to  you  ;  nor  any  thing  of  myself  to  recommend,  but  the  dis 
patch  of  the  ordinary  business  of  the  session  with  all  proper 
expedition. 

Whenever  the  time  shall  come  when  my  service  can  be  made 
acceptable  to  you,  it  will  not  be  wanting.  At  present  I  have  only 
to  desire,  that  in  framing  such  matters  as  must  be  sent  up  to  me 
for  my  consent,  you  will  duly  consider  the  nature  of  my  office  and 
the  obligations  I  am  under  not  to  dispense  with  the  duties  of  it. 

FRA.  BERNARD. 
Council  Chamber,  January  16,  1766. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  ABOVE,  JANUARY  16,  176& 

May  it  please  your  Excellency, 

HAVING  considered  your  speech  at  the  opening  of  this  session* 
the  House  of  Representatives  beg  leave  to  say,  that  they  have  the 
utmost  reason  to  confide  in  the  paternal  care  of  our  most  graciou^ 


6  MASSACHUSETTS  STATE  PAPERS. 

Sovereign,  who  ever  makes  the  happiness  of  all  his  subjects  the 
great  rule  of  his  government.  That,  as  it  is  their  indispensable 
duty,  so  it  is  their  fixed  determination,  in  every  part  of  their  con 
duct,  to  make  the  honor  of  his  Majesty,  and  the  welfare  of  his  sub 
jects  of  this  province,  the  grand  objects  of  their  attention.  That 
while  they  persevere  in  such  steps,  as  have  a  manifest  tendency  to 
promote  these  most  valuable  purposes,  they  cannot  possibly  coun 
teract  the  nature  arid  design  of  your  office,  nor  interfere  with  your 
obligations  not  to  dispense  with  the  duties  of  it ;  and  that  they  have 
therefore  just  reason  to  expect  your  countenance  and  consent 
•when  it  shall  be  necessary. 

We  thank  you,  sir,  for  the  kind  assurance  you  are  pleased  to 
give  us,  that  "  whenever  the  time  shall  come  when  your  service 
can  be  acceptable  to  us,  it  shall  not  be  wanting ;"  and  we  only 
add,  that  since  his  Majesty  was  pleased  to  honor  you  with  the  gov 
ernment  of  this  his  province,  we  have  never  known  the  time  when 
your  Excellency's  service  would  not  have  been  very  acceptable 
to  us. 

[The  committee  were  Mr.  Otis,  Mr.  Dexter,  Col.  Bowers,  Mr. 
Adams,  Major  Humphrey,  Capt.  Sheaflfe,  and  Mr.  Gushing.] 


REPORT 

OF  THE  HOUSE  OF  REPRESENTATIVES,  ON  GRIEVANCES.  JANUARY  21, 1T66. 


THE  committee  to  whom  was  referred  the  examination  into,  and 
consideration  of,  the  grievances  the  people  of  this  province  labor 
under,  reported  as  follows,  and  desired  leave  to  sit  again. 

1.  The  Governor  and  Council  printing  the  stamp  act  and  the 
mutiny  act,  especially  against  the  known  sense  of  this  House,  who 
had  refused  to  be  at  the  expense  of  printing  the  stamp  act,  is  a 
grievance. 

2.  The  printing  acts  of  Parliament  at  any  time  at  the  expense 
of  this  province,  and  more  especially  when  the  sense  of  this  House 
is  known  to  be  against  it,  as  was  the  case  in  the  late  printing  the 
stamp  act,  is  bringing  an  unconstitutional  expense  on  this  people, 
and  a  grievance. 

3.  The  Governor's  holding  a  private  Council  weekly  without  the 
warning  for  the  general  Council,  required  by  charter,  and  with 
their  advice  exercising  a  legislative  power,  as  has  been  of  late  fre 
quently,  particularly  in  taking  upon  them  to  regulate  and  stop  the 
interest  of  the  public  securities,  is  a  great  grievance,  and  of  very 
dangerous  tendency. 

4.  The  shutting  up  the  Courts  of  Justice  in  this  province,  par 
ticularly  the  superior  court,  which  is  not  yet  open,  nor  like  to  be 


MASSACHUSETTS  STATE  PAPERS.  65 

as  we  can  learn,  has  a  manifest  tendency  to  dissolve  the  bonds  of 
civil  society  5  is  unjustifiable  on  the  principles  of  law  and  reason, 
dangerous  to  his  Majesty's  Crown  and  dignity,  and  in  disherison 
thereof,  and  an  intolerable  grievance  on  the  subject,  to  be  forth 
with  redressed. 


PROCEEDINGS 

OF  THE  COUNCIL  AND  HOUSE  OF  REPRESENTATIVES,  RESPECTING 
SITTING  OF  COURTS,  JANUARY  AND  FEBRUARY,  1766. 

IN  the  House  of  Representatives,  October  26,  1765,  ordered, 
that  the  Speaker,  (Mr.  White,)  Gen.  "Winslow,  Mr.  Gushing,  Mr. 
Adams,  Mr.  Gray,  Col.  Clap,  Mr.  Brown,  and  Capt.  Sheaffe, 
with  such  as  the  Honorable  Board  shall  join,  be  a  committee  to 
consider  and  report  some  proper  methods  to  prevent  difficulties 
which  may  arise  in  the  proceedings  of  courts  of  justice  through 
the  province,  and  any  other  matters. — In  Council,  read  and  concur 
red  ;  and  I.  Erving,  W.  Brattle,  Nathaniel  Sparhawk,  Harrison 
Gray,  Thomas  Flucker,  and  R.  Tyler,  are  joined  in  the  affair. 

October  50th.  The  committee  of  both  Houses  appointed  the 
26th  instant,  to  consider  and  report  some  proper  methods  to  pre 
vent  the  difficulties  which  may  arise,  reported  the  following  re 
solve  : 

Whereas  his  Excellency  the  Governor  has  informed  the  two 
Houses,  that  A.  Oliver,  Esq.  lately  appointed  to  distribute  the 
stamped  papers  within  this  province,  has  in  manner  and  form  de 
clined  the  office,  and  his  Excellency  has  also  declared  that  he  has 
no  warrant,  order  or  authority  whatever  to  distribute  the  stamped 
papers,  or  to  unpack  the  bales,  or  separate  the  parcels,  or  order 
any  person  whatever  so  to  do.  In  consequence  of  which,  his  Ex 
cellency  further  says,  that  he  has,  in  pursuance  of  the  advice  of 
Council,  ordered  the  stamped  papers  to  be  deposited  at  Castle 
William  ;  there  to  be  preserved  entire  and  without  being  unpacked 
for  his  Majesty's  further  orders  ;  and  whereas  the  stamp  act  is 
looked  upon,  even  by  the  most  sensible  and  judicious  persons  in 
the  colonies,  to  be  so  grievous  and  unconstitutional,  as  that  it  is  not 
supposed,  that  any  person  will  think  it  consistent  with  his  own  re 
putation  to  act  in  said  office.  In  order,  therefore,  to  prevent  the 
interruption  of  the  courts  of  justice  through  the  province,  and 
many  evils  which  may  arise,  unless  such  remedy  is  provided  as  the 
great  necessity  and  importance  of  the  case  immediately  requires ; 

Be  it  resolved,  that  the  Justices  of  the  Superior  Court,  the  Jus 
tices  of  the  Courts  of  Common  Pleas  for  the  respective  counties, 
Judges  of  Probate,  Clerks  of  all  Courts,  Registers  of  Deeds  and  of 
Probate,  Sheriffs,  Coroners,  and  all  ethers,  who  by  said  act  are  re- 
9 


66  MASSACHUSETTS    STATE    PAPERS. 

quired  to  make  use  of  stamped  papers,  be,  and  they  are  hereby 
ordered  and  directed  to  proceed  in  the  same  manner  in  the  execu 
tion  of  their  respective  offices,  as  if  the  said  act  had  never  passed  ; 
and  all  papers  whatever,  which  are  subject  to  be  stamped  by  said 
act  shall,  without  the  stamp,  be  deemed  valid,  during  this  emer 
gency.  In  Council  read  and  sent  down. 

In  the  House  of  Representatives,  read  and  ordered  that  this  re 
port  be  recommitted  ;  and  that  the  committee  be  directed  to  sit 
forthwith. 

fin  the  House  of  Representatives,  January  23,  1766  :  Resolved, 
tnat  the  shutting  up  of  the  Courts  of  Justice  in  this  province,  par 
ticularly  the  Superior  Court,  has  a  manifest  tendency  to  dissolve 
the  bonds  of  civil  society,  is  unjustifiable  on  the  principles  of  law 
and  reason,  and  dangerous  to  his  Majesty's  Crown  and  dignity,  a 
very  great  grievance  on  the  subject  that  requires  immediate  re 
dress  ;  and  that,  therefore,  the  Judges  and  Justices  and  all  other 
public  officers  in  this  province,  ought  to  proceed  in  the  discharge  of 
their  several  functions  as  usual. 

In  Council,  January  30  :  Resolved,  that  the  vote  of  the  House 
of  Representatives  of  the  23d  instant,  relative  to  the  opening  of 
the  several  Courts  of  the  province,  be  farther  referred  for  coQsid- 
eration — and  that  it  be  recommended  tothe "Ju  stioelToTlHerS  upe  - 
Irior^Court  of  Judicature  to  meet  together  as  soon  as  may  be,  and 
determine  whether  they  will  open  the  said  Court  at  the  next  term 
and  proceed  upon  the  trial  of  civil  actions,  and  all  other  business  as 
usual,  or  not ;  and  that  they  communicate  such  their  determination 
to  this  Board — and  the  Secretary  is  directed  to  write  to  each  of 
said  Judges  immediately  by  express,  and  enclose  to  each  a  copy  of 
this  resolve*^ 

In  the  House  of  Representatives,  February  14, 1766  :  Resolved, 
that  the  shutting  up  of  the  Courts  of  Justice  in  this  province,  par 
ticularly  the  Superior  Court,  has  a  manifest  tendency  to  dissolve 
the  bonds  of  civil  society,  is  unjustifiable  on  the  principles  of  law 
and  reason,  and  dangerous  to  his  Majesty's  Crown  and  dignity,  a 
very  great  grievance  on  the  subject  that  requires  immediate  re 
dress.  And  that,  therefore,  the  Judges  and  Justices  and  all  other 
public  officers  in  this  province,  ought  to  proceed  in  the  discharge  of 
their  several  functions  as  usual. 

In  Council,  read  and  ji  on -concurred ;  and  ordered,  that  the  grounds 
of  the  Board's  proceeding  herein,  be  subjoined  as  follows  : — The 
Board  are  sensible,  that  the  shutting  of  the  Courts  of  Justice  in 
this  province,  would  be  attended  with  fatal  consequences,  as  the 
Honorable  House  are  5  but  on  the  Board's  recommending  it  to  the 
&isli£e.s  of  the  Superior  Court  to  consider  and  determine  whether 
they  would,  at  the  next  term,  proceed  to  try  civil  actions,  and  do 
other  business  as  usual,  the  Justices  took  the  matter  into  considera 
tion,  and  returned  their  answer  thereon  in  writing  to  the  Board  ; 
by  which  answer,  and  the  verbal  declaration  since  made  by  some 


MASSACHUSETTS   STATE   PAPERS.  67 

of  the  Justices,  the  Board  are  fully  satisfied,  that  the  Superior 
Court  will,  at  the  next  term,  be  open  and  proceed  as  usual  to  do 
business.  And  the  Board  are,  from  other  evidence,  likewise  satis 
fied,  that  the  other  Courts  will,  at  their  respective  terms,  be  open 
and  proceed  to  business  as  usual. 


Extract  of  a  letter  from  W.  Bollan,  Esquire,  dgent  for  the  pro 
vince,  in  England,  to  the  Secretary,  dated  April  30,  1766. 

SIR, 

MY  time,  since  the  receipt  of  your  last  letter,  as  well  as  some 
months  before,  having  been  employed  in  strenuous  endeavors  to 
promote  directly  or  indirectly  the  province  service,  every  possible 
mean  of  advancing  the  public  welfare  in  those,  so  difficult  times, 
being  very  desirable,  I  hope  the  General  Court  will  pardon  my  not 
answering  it  sooner.  Prejudice,*the  powerful  enemy  of  truth  and 
justice,  preventing,  in  a  great  measure,  in  my  opinion,  a  true  sense 
of  your  just  constitutional  rights  taking  place;  for  this,  and  other 
reasons,  in  order  to  its  extirpation,  or  a  diminution  of  its  force,  I 
attempted,  in  a  public  essay,  to  expose  the  malignity  of  its  nature, 
at  the  same  time  endeavoring  to  strengthen  and  secure  that  freedom 
of  speech  and  writing  upon  public  affairs,  which  have,  in  times  past, 
been  so  severely  restrained,  and  which  is  so  necessary  to  the  de 
fence  of  your  rights  and  interests,  which  in  some  respects  will  ever 
be  best  defended  here,  when  the  advocate  for  them,  who  spares  no 
pains  or  expense,  may  not  only  consult  and  use  the  records  of  the 
kingdom  relative  to  the  foundation  of  the  colonies,  or  that  of  the 
state  whereof  they  are  members  ;  but  likewise  being  provided  with 
proper  preparatory  knowledge,  may  be  ready  effectually  to  support 
his  own  propositions  against  all  objections,  and  refute  the  many  er 
roneous  notions  which  are  from  time  to  time  advanced  to  your  pre 
judice  ;  apprehending,  that,  sooner  or  later,  attempts  might  be 
made  to  take  away  the  necessary  freedom.  But,  indeed,  not  ex 
pecting  that  any  of  our  politicians  would  so  soon  endeavor  to  sub 
ject  persons,  in  any  case,  to  the  pains  and  penalties  of  a  pracmunire 
for  their  use  of  this  freedom  in  behalf  of  the  colonies.  And  offences 
relative  to  the  interior  transactions  of  the  colonies,  respecting  their 
lands,  monies,  goods,  and  domestic  concerns,  having  been  made  cog 
nizable  in  the  court  of  admiralty,  which  proceeds  according  to  the 
civil  law,  I  set  forth,  in  part,  the  introduction  and  nature  thereof, 
together  with  the  great  mischiefs  and  dangers  that  have  ensued  on 
taking  away  trials  by  juries,  with  the  severities  of  the  Court  of  Star 
Chamber,  and  other  arbitrary  proceedings;  for  the  avoidance  hereof 
your  ancestors  settled  New  England.  My  original  plan  was  so 
large,  and  in  point  of  execution  so  difficult,  in  many  particular?. 


„. 


68  MASSACHUSETTS    STATE    PAPERS. 

that  though  I  pursued  it  with  diligence,  it  was  impossible  to  execute 
it  within  the  desirable  season,  in  its  full  extent,  and  I  was  extremely 
hurried  in  despatching  the  last  and  most  important  part  which  relates 
to  the  nature  and  rights  of  the  colonies,  and  their  firm,  proper  and 
perpetual  union  with  their  mother  country,  which  I  have  ever  had 
much  at  heart ;  together  with  matters  preparatory  to  the  repeal  of 
the  stamp  act.  After  having,  I  believe,  examined  all  the  records  in 
the  kingdom  which  relate  to  the  settlement  of  America,  by  various 
searches  at  the  tower,  and  the  offices  wherein  the  Parliament  rolls 
are  kept,  three  records,  mentioned  in  my  essay,  were  found,  whereof 
two  relate  to  Calais.  The  act  which  provided  for  its  sending  mem 
bers  to  Parliament,  and  which  contains  a  very  great  variety  of  reg 
ulations  for  that  place,  remain  in  the  office  at  Westminster ;  and 
the  writ  that  issued  thereupon  remains  in  the  tower,  as  well  as  the 
ordinance  of  Edward  I.  This  act,  I  believe,  was  never  published. 
On  the  publication  of  this  essay,  several  judicious  persons,  friends 
of  the  colonies,  some  of  whom  were  men  of  consequence,  being  of 
opinion  that  publishing  immediately  a  proper  number  of  copies  of 
such  part  as  related  directly  to  the  colonies  would  be  serviceable, 
I  thereupon  got  five  hundred  copies  despatched,  which  were  chiefly 
given  to  the  members  at  the  doors  of  the  House  of  Commons  and 
House  of  Lords,  the  remainder  being  given  to  other  persons.  And 
during  the  violence  of  those  contests  which  took  place  pending  the 
repeal  of  the  stamp  act,  when  it  was  believed  by  intelligent  per 
sons,  that  the  ministry  would  be  changed,  and  a  persuasion  pre 
vailed,  that  this  act  would  consequently  be  enforced,  I  directly 
wrote  a  more  spirited  piece,  touching  trial  by  juries,  and  other  in 
teresting  points,  which  had  the  approbation  of  an  able  judge,  one 
of  the  principal  friends  and  promoters  of  the  repeal,  as  well  as 
others.  But  the  ministerial  revolution,  which  was  so  much  feared, 
riot  taking  place,  and  matters  taking  a  desirable  turn,  he  thought  it 
advisable  not  to  publish  it ;  and  not  to  mention  other  particulars, 
I  have  since  done  every  thing  which  lay  in  my  power  for  the  service 
of  the  province. 


Extract  of  a  letter  from  Secretary  Comzay  to  Governor  Bernard, 
dated  October  24,  1765,  and  by  the  Governor  communicated  to 
the  House  of  Representatives,  January  22,  1766. 

IT  is  with  the  greatest  concern  his  Majesty  learns  the  disturb 
ances  which  have  lately  arisen  in  your  province  ;  the  general  con 
fusion  that  seems  to  reign  there  ;  and  the  total  languor  and  want  of 
energy  in  your  government  to  exert  itself  with  any  dignity  or  effi 
cacy,  for  the  suppression  of  tumults,  which  seem  to  strike  at  the 
very  being  of  all  authority  and  subordination  amongst  you. 


. 

- 

MASSACHUSETTS    STATE    PAPERS.  69 

Nothing  can  certainly  exceed  the  ill  advised  and  intemperate  con 
duct  held  by  a  party  in  your  province,  which  can  in  no  way  con 
tribute  to  the  removal  of  any  real  grievance  they  might  labor  under, 
but  may  tend  to  impede  and  obstruct  the  exercise  of  his  Majesty's 
benevolent  attention  to  the  ease  and  comfort,  as  well  as  to  the  wel 
fare  of  all  his  people. 

It  is  hoped  and  expected,  that  this  want  of  confidence  in  the  jus 
tice  and  tenderness  of  the  mother  country,  and  this  open  resistance 
to  its  authority,  can  only  have  found  place  among  the  lower  and 
more  ignorant  of  the  people.  The  better  and  wiser  part  of  the  col 
onies  will  know  that  decency  and  submission  may  prevail,  not  only 
to  redress  grievances,  but  to  obtain  grace  and  favor,  while  the  out 
rage  of  a  public  violence  can  expect  nothing  but  severity  and  chas 
tisement. 

These  sentiments  you,  and  all  his  Majesty's  servants,  from  a  sense 
of  your  duty  to,  and  love  of  your  country,  will  endeavor  to  excite 
and  encourage.  You  will,  in  the  strongest  colors,  represent  to 
them  the  dreadful  consequences  that  must  inevitably  attend  the 
forcible  and  violent  resistance  to  acts  of  the  British  Parliament, 
and  the  scene  of  misery  and  distraction  to  both  countries,  insepara 
ble  from  such  a  conduct. 

For,  howrever  unwillingly  his  Majesty  may  consent  to  the  exer 
tion  of  such  powers  as  may  endanger  the  safety  of  a  single  subject, 
yet  can  he  not  permit  his  own  dignity,  and  the  authority  of  the 
British  legislature,  to  be  trampled  on  by  force  and  violence,  and  in 
avowed  contempt  of  all  order,  duty  and  decorum. 

If  the  subject  is  aggrieved,  he  knows  in  what  manner  legally  and 
constitutionally  to  apply  for  relief;  but  it  is  not  suitable  either  to 
the  safety  or  dignity  of  the  British  empire,  that  any  individuals,  un 
der  the  pretence  of  redressing  grievances,,  should  presume  to  violate 
the  public  peace. 


Extracts  from  letters  written  by  R.  Jackson,  Esq.  Agent  for  the 
Colony,  in  England,  to  Governor  Bernard,  dated  November  and 
December,  1765,  February  and  March,  1766. 

[Though  these  are  not  precisely  some  of  the  papers  promised  in 
the  title  page,  as  they  discover  the  views  and  opinions  of  men  in 
power  in  England,  it  was  thought  proper  to  insert  them  here.] 

"NOVEMBER  8,  1765. 

"  I  CONFESS  I  cannot  foresee  what  government  will  do  here, 
but  am  informed  they, are  determined  to  support  the  stamp  act,  and 
not  to  give  way  to  its  repeal.  How  far  they  may  be  right  in  this, 


70  MASSACHUSETTS  STATE  PAPERS. 

I  dare  not  judge  yet ;  but  I  am  sure  great  moderation  and  temper, 
and  even  some  strong  proofs  of  regard  are  necessary,  to  conciliate 
the  affections  of  the  Americans,  which  I  find  are  universally  tainted. 
It  is  impossible  to  excuse  the  lower  class  in  America,  or  the  indis 
cretion  of  those  who  set  them  on,  even  for  a  man  who  has  American 
affections  only  ;  for  this  indiscretion  and  extravagance,  cannot  but  be 
highly  prejudicial  to  America.  At  the  same  time  I  shall  always  con 
demn  and  lament  the  conduct  of  those  in  Great  Britain,  who  by 
their  stations  and  interest  in  the  welfare  of  the  British  empire, 
should  neither  have  wanted  wisdom  to  direct  them,  nor  anxious 
concern  to  have  disposed  them  to  have  listened  to  it.  I  heartily 
disapproved  of  the  stamp  act  before  it  passed  :  I  voted  against  it, 
and  doubt  not  I  shall  vote  for  the  repeal.  I  know  your  sentiments 
were  the  same  as  mine  on  this  subject,  as  well  as  those  of  Lieu 
tenant  Governor  Hutchinson,  however  the  misguided  rabble  have 
chose  him  as  an  object  of  their  resentment.  What  will  be  the 
consequences  of  the  misconduct  on  both  sides  the  water,  I  cannot 
foresee  :  I  assure  you  I  have  no  greater  hopes  than  from  the  very 
\rise  speech  you  have  left  the  country  to  meditate  on. 

"  When  I  began  this,  and  when  I  wrote  by  the  packet,  I  was  in 
clined  to  think  there  was  no  chance  of  the  repeal  of  the  stamp 
act ;  I  well  knew  that  many  men,  who  are  among  the  most  neces 
sary  to  the  new  administration,  were  always  the  strongest  advocates 
for  this  tax,  and  indeed  for  taxes  in  general  in  America ;  and  I  had 
pretty  good  intelligence,  that  there  was  a  resolution  to  carry  it 
through.  I  believe  long  before  you  receive  this,  you  will  have  had 
some  proofs  of  it  from  this  side  the  water ;  yet  the  day  after  I 
wrote  my  last  letter,  I  collected  from  conversation  I  had  with  sev 
eral  persons  (some  of  whom  may  be  said  to  have  a  share  in  the  ad 
ministration,  and  others  I  know  have  a  great  portion  of  the  confi 
dence  of  those  who  have,)  that  if  any  reasonable  and  moderate 
conduct  of  the  colonies  give  us  an  opportunity  of  decently  step 
ping  back,  we  shall  probably  repeal  the  act.  I  confess  when  I  see 
what  has  happened  here,  already,  and  in  America,  I  am  in  the  ut 
most  anxiety  about  the  event,  and  am  little  relieved  by  the  assur 
ances  I  speak  of." 

"NOVEMBER  9,  1765. 

C£  I  cannot  express  my  concern  for  what  has  happened  in  Amer 
ica  ;  God  knows  what  the  consequences  will  be  ;  sure  I  am  that 
the  conduct  of  the  Americans  will  weaken  the  power  of  friends  here 
to  serve  them.  I  wish  the  leading  men  knew  a  little  more  of  this 
country  ;  no  man  in  England  is  more  disposed  to  serve  them  than 
myself.  I  sincerely  think  that  in  serving  them,  I  serve  the  interests 
of  the  whole  British  empire.  I  shall  heartily  contribute  all  that 
lies  in  my  power  to  bring  about  a  repeal  of  the  stamp  act  ;  I  sin 
cerely  think,  that  whatever  be  the  power  of  Parliament,  in  discre 
tion,  it  ought  not  to  exercise  thatpoivcr,  in  laying  taqes  on  America^ 


MASSACHUSETTS    STATE    PAPERS.  71 

while  it  has  no  share  in  the  election  of  the  members  of  the  House 
of  Commons  ;  yet  I  cannot  think  that  resistance  to  an  act  of  the 
British  Legislature  is  justifiable  on  any  principle  that  will  not  over 
turn  any  government  in  the  world. 

"  Nothing  can  be  more  unjust  than  the  treatment  of  the  worthy 
and  unfortunate  Lieutenant  Governor,  nothing  can  be  a  greater  proof 
of  the  blindness  of  the  rabble.  I  know  that  he  has  urged  the 
weightiest  arguments  against  the  obnoxious  acts;  and  that  they  have 
been  used  at  home  from  his  materials." 

"NOVEMBER  26,  1765. 

"  I  cannot  yet  guess  what  are  the  intentions  of  administration 
on  the  subject  of  America  ;  I  have  received  encouragement  to  hope 
the  best,  not  from  ministers,  but  from  some  closely  connected  with 
them.  My  own  conduct  has  been,  and  will  continue  uniformly  the 
same  ;  I  shall  always  oppose  Parliamentary  taxes  in  America,  and 
wish  to  see  Parliaments  seldom  interfere  in  American  affairs.  If 
they  are  to  do  it,  I  shall  dread  the  worst,  unless  America  has  a 
choice  of  members  given  her.  At  all  events,  I  think  acts  of  the 
Legislature  are  to  be  obeyed.  I  should  be  glad  to  hear  some  good 
news  from  New  York,  such  as  may  found  the  most  favorable  reso 
lutions  for  America." 

"DECEMBER  26,  1765. 

"  I  am  unwilling  to  let  slip  any  opportunity  of  writing  to  you, 
though  I  know  of  little  new  since  I  wrote  last,  for  ministry  wear 
the  same  appearances  it  did  then.  Upon  the  two  divisions  we  have 
had  in  the  House  of  Commons,  and  one  in  the  House  of  Lords,  they 
have  carried  every  thing  before  them.  For  my  own  part,  though  I 
have  nothing  to  expect  from  them,  and  indeed  want  nothing,  I 
heartily  wish  them  continuance  of  power,  that  nothing  may  retard 
the  wished  for  measures  in  American  affairs." 

"FEBRUARY  16,  1766. 

"  What  will  become  of  the  stamp  act,  I  dare  not  guess  ;  no 
labor  of  mine  has  been  spared  to  obtain  its  repeal  ;  which  is  how 
ever  strongly  opposed,  and  at  present  by  an  apparent  majority  in  the 
House  of  Lords,  as  far  as  one  can  apply  that  majority  to  the  stamp 
act.  For  we  have  yet  come  to  no  resolution  on  that  subject  in  our 
House  ;  we  have  been  perusing  letters,  public  papers,  and  examin 
ing  witnesses,  and  now  and  then  debating  a  little  for  near  three 
weeks,  besides  coming  to  some  resolution  on  the  right  of  Parliament. 
Your  public  letters  have  justly  done  you  great  honor  in  both,  espe 
cially  our  House.  I  think  there  can  be  no  objection  to  my  saying, 
(as  I  intend  to  do  wrhen  the  debate  on  the  bill  comes  on)  that  I 
know  both  you  and  Mr.  Hutchinson's  opinion,  were  against  passing 


-     72  MASSACHUSETTS    STATE    PAPERS, 

the  bill ;  though  you  have  both  so  well  done  your  duty  in  supporting 
it,  as  far  as  in  your  power." 

"  MARCH  3,  1766. 

"I  cannot  let  this  vessel  sail  without  acquainting  you  that  the 
stamp  act  is  probably  on  the  point  of  being  repealed ;  since  we  have 
ventured  to  conclude  that  the  House  of  Lords  will  hardly  throw  out 
the  bill.  The  repeal,  however,  could  not  have  been  obtained  with 
out  another  act  for  declaring  the  right  of  Parliament  to  bind  the 
colonies  by  laws  in  all  cases  whatsoever  ;  which  will  probably  as 
little  prejudice  them,  as  the  power  we  claim  in  Ireland,  the  manner 
of  exercising  which  you  are  acquainted  with. 

a  The  carrying  the  repeal  of  the  stamp  act  is  miraculous.  I  say 
not  this  to  get  any  credit  for  myself.  I  have  in  truth  done  all  in  my 
power,  but  this  is  very  little  indeed  ;  though  I  have  never  been  a 
minute  out  of  the  House  of  Commons  for  above  six  weeks  whilst  it 
has  been  on,  often  till  ten  at  night,  not  seldom  till  three  in  the 
morning.  This  I  should  have  done,  had  I  been  agent  to  no  province 
or  colony  in  America." 

"MARCH  15,  1766. 

"  I  have  the  pleasure  to  inform  you,  that  you  have  great  credit 
here  ;  and  that  there  can  be  no  difficulty  in  your  obtaining  a  con 
firmation  of  Mount  Desert  in  any  form.  I  shall  forthwith  concert 
measures  with  Mr.  J.  Pownall  for  that  purpose.  The  confirmation 
of  the  other  grants  has  been  postponed  at  the  earnest  desire  of  the 
Lords  of  Trade,  who  are  overwhelmed  with  other  business,  as  well 
as  attendance  on  Parliament ;  but  I  have  promises  that  they  may 
pass  at  or  soon  after  Easter. 

"  I  say  you  are  in  great  credit  here  ;  because  you  are  always 
mentioned  with  great  respect  in  both  Houses  of  Parliament,  and 
from  thence,  elsewhere  ;  not  but  some  reports  have  been  spread  to 
your  disadvantage  ;  particularly,  that  you  might  at  the  beginning, 
by  acting  with  vigor,  have  nipped  the  spirit  of  sedition  in  the  bud  ; 
though  they  acknowledge  it  was  impracticable  after  the  first  day.  I 
mention  this  to  you,  because  it  may  be  of  service  to  you  to  know 
it  ;  though  hardly  worth  your  while  to  attempt  to  refute  it,  as  it 
seems  almost  forgot,  or  at  least  drowned  in  the  general  approbation 
your  conduct,  sentiments,  and  opinion  have  found  here. 

I  sincerely  believe  the  moderation  and  good  sense  of  your  letters, 
as  well  as  your  express  opinion  have  contributed  much  to  the  repeal 
of  the  stamp  act ;  as  well  as  to  the  ease  we  expect  on  the  head  of 
molasses  and  foreign  sugar  ;  the  duty  on  the  former  will  be  reduced 
I  believe  to  one  penny  ;  and  though  the  duty  on  the  latter  cannot 
be  brought  to  a  reduction,  the  warehousing  it  will  be  permitted  in 
order  to  bring  it  to  an  European  market. 

u  With  regard  to  the  stamp  act,  it  will  probably  be  repealed  on 
Monday  or  Tuesday,  in  the  House  of  Lords ;  where  there  has  been 


MASSACHUSETTS    STATE    PAPERS,  73 

a  strong  opposition,  and  where  there  will  be  another  debate.  This 
opposition  has  been  chiefly  built  on  the  resistance  of  the  Americans 
to  the  authority  of  Parliament  ;  on  the  principles  this  resistance  has 
been  supposed  to  be  founded ;  and  on  the  expectation  of  future 
resistance  to  acts  of  all  sorts  on  these  principles. 

u  In  the  course  of  the  debates  in  both  Houses,  it  has  appeared 
that  iiaiever  was  the  practice  of  England  to  lay  internal  taxes  on 
her  dominions,  that  were  not  represented  ;  or  that  if  this  practice 
ever  was  occasionally  varied  from,  it  was  always  complained  of  ; 
and  the  practice  either  dropped,  or  a  representation  called  to  sit  in 
Parliament  soon  after.  I  endeavored  to  shew  in  the  House  of 
Commons,  that  in  all  ages  and  nations  a  difference  has  been  made 
and  felt,  (though,  perhaps  not  distinguished  by  a  line,)  between  ex 
ternal  and  internal  taxes,  as  well  as  between  all  taxation  and  gen 
eral  legislation.  In  all  times  laws  have  been  made  affecting  all  the 
English  dominions  ;  sometimes  external  taxes  imposed  by  a  repre 
sentation  not  general.  In  England  itself,  laws  have  been  continual 
ly  (down  to  the  civil  wars)  enacted  by  proclamation,  and  external 
taxes  levied  without  consent  of  Parliament  ;  but  though  these  have 
been  occasionally  condemned  and  questioned  in  the  reign  of  James  I. 
and  Charles  I.,  they  never  were  before,  unless  it  were  by  being 
granted  by  Parliament,  after  they  had  some  time  been  levied  for 
years  without  grant.  Whereas  the  statute  book  abounds  with  judg 
ments  of  the  Parliament,  that  internal  taxes  ought  not  to  be  levied 
without  consent  of  Parliament,  that  is,  the  representation  of  that 
part  of  the  kingdom  that  paid,  for  the  others  were  not  taxed ;  though 
being  excepted,  it  looks  as  if  the  Parliament  thought  they  would 
have  been  charged  by  general  words. 

"  I  hope  all  difficulties  arising  from  the  stamp  act  will  be  soon  re 
moved  ;  it  was,  I  think,  in  effect, repealed  in  the  House  of  Lords  yes 
terday  ;  for  on  a  division  upon  the  second  reading,  the  majority, 
Lords  and  Proxies,  was  thirty-four.  I  assure  you,  your  opinion  has 
much  contributed  to  this,  and  that  opinion  has  received  weight  from 
all  your  letters  read  in  both  Houses  of  Parliament.  The  present 
ministry  and  their  friends  have  to  a  degree  made  themselves  respon 
sible  for  the  future  conduct  of  the  Americans,  who  would  certainly 
be  guilty  of  the  basest  ingratitude,  if  they  should  abuse  the  confi 
dence  put  in  them  by  their  friends,  after  those  who  they  deem  their 
enemies,  have  built  so  much  on  the  expectation  that  they  will.  But 
I  hope  this  will  not  be  so." 
10 


74f  MASSACHUSETTS  STATE  PAPERS. 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF  REPRESENTA 
TIVES,  MAY  29,  1766. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE  great  pleasure  in  being  able  to  open  this  General  Court 
with  congratulating  you  upon  the  repeal  of  the  stamp  act.  When 
I  consider  the  difficulties,  with  which  this  business  has  labored, 
and  the  causes  from  whence  they  arose  ;  when  I  look  back  upon 
the  dangers  which  this  people  have  so  narrowly  escaped,  I  cannot 
but  earnestly  wish,  that  a  proper  improvement  may  be  made  of 
this  happy  event,  so  as  to  restore  this  province  to  the  public  repu 
tation,  and  the  domestic  peace,  which  it  happily  enjoyed  before 
the  late  distractions. 

In  times  of  public  calamity,  it  is  not  unusual  for  private  inter 
ests  and  resentments  to  intermix  themselves  with  popular  discon 
tent,  and  execute  their  purposes  under  the  borrowed  mask  of 
patriotic  zeal.  This  has  been  the  primary  cause  of  that  unlimited 
abuse  which  has  been  cast  upon  the  most  respectable  characters  in 
this  province  :  at  a  time  when  integrity  and  ability  should  rather 
have  been  solicited  to  the  aid  of  the  people,  than  deterred  from 
serving  them.  Of  this  I  have  no  little  experience  myself;  but  it 
has  not  abated  my  concern  for  the  welfare  of  the  conntry,  nor 
prevented  my  endeavors  to  promote  it. 

To  such  a  degree  of  injustice  has  the  late  infatuation  been  car 
ried,  that  the  principal  object  of  the  fury  of  the  people,  was  a 
gentleman  to  whom  they  were  most  highly  indebted  for  his  servi 
ces  in  the  very  cause  for  which  they  rose  against  him.*  And  it  is 
remarkable  that  those  persons,  who  framed  and  conducted  the 
only  American  petition,  which  was  read  and  well  received  in 
Parliament,  and  was  of  real  use  in  procuring  the  repeal,  have  been 
proscribed  by  the  invidious  name  of  friends  to  the  stamp  act : 
when  in  truth  such  a  character  did  not  exist  in  the  province, 
unless  it  was  in  the  persons  of  the  accusers  themselves,  whose, 
violent  and  precipitate  measures  created  all  those  difficulties, 
which  the  united  efforts  of  every  friend  of  America,  in  every  rank 
and  station,  were  but  just  able  to  sur-nouht. 

It  were  to  be  wished,  that  a  veil  could  be  drawn  over  the  late 
disgraceful  scenes.  But  that  cannot  be  done,  till  a  better  temper 
and  understanding  shall  prevail  in  general,  than  seems  to  be  at 
present,  if  we  can  judge  from  some  proceedings,  which  I  fear, 
when  known  at  home,  will  afford  matter  of  triumph  to  those  who 
were  for  maintaining  the  stamp  act ;  and  sorrow  and  concern  to 

*  Lieutenant  Governor  Hutchinson,  no  doubt. 


MASSACHUSETTS  STATE  PAPERS.  •         75 

those  who  procured  its  repeal.  But  the  inflammation  of  this  coun 
try  has  been  a  grand  object  with  some  persons,  and  neither  the 
indulgence  of  Parliament,  nor  the  moderation  of  government,  nor 
the  exigency  of  the  times,  have  as  yet  been  able  to  put  a  stop  to 
that  pursuit. 

However,  I  have  given  my  testimony  against  these  proceedings, 
in  a  manner  very  disagreeable  to  me,  and  very  contrary  to  my 
disposition.  Whilst  the  business  of  the  General  Court  was  car 
ried  on  in  good  humor  and  with  good  understanding,  I  have  been 
unwilling  to  interrupt  the  general  harmony  by  too  great  an  atten 
tion  to  my  own  sentiments,  and  have  frequently  given  up  my  opin 
ion  to  what  has  in  any  degree  appeared  to  be  the  voice  of  the 
people.  Every  person  who  hears  me,  can,  more  or  less,  give  testi 
mony  of  the  mildness  and  moderation  of  my  administration  ;  how 
much  I  have  endeavored  to  remove  and  prevent  distinctions  of  . 
men  and  divisions  of  parties  ;  and  how  little  I  have  interposed  my 
judgment  against  the  sense  of  the  Councils  over  which  I  have  pre 
sided. 

(jTut  when  the  government  is  attacked  in  form ;  when  there  is  a 
proFest  intention  to  deprive  it  of  its  best  and  most  able  servants, 
whose  only  crime  is  their  fidelity  to  the  Crown,*  I  cannot  be  indif 
ferent;  but  find  myself  obliged  to  exercise  every  legal  and  consti 
tutional  power  to  maintain  the  King's  authority  against  this  ill 
judged  and  ill  timed  oppngnation.  of  it?)  At  the  same  time,  I 
publicly  declare,  that  whenever  an  opportunity  shall  offer  to 
restore  to  the  provincial  councils,  that  harmony  and  union  which 
not  long  ago  it  was  my  pride  to  cultivate,  I  will  embrace  it  most 
cordially  ;  a"nd  will  use  my  utmost  endeavors  to  heal  the  divisions 
and  bury  the  animosities,  which  the  late  distractions  have  created. 
In  the  mean  time,  as  I  have  appeared  before  the  British  Parlia 
ment  a  true  friend  to  the  province,  as  well  as  a  faithful  servant  to 
the  Crown,  I  shall  leave  it  to  this  ^ood  people  to  recognise  me  in 
that  united  character,  at  their  own  time  and  in  their  own  manner. 

Gentlemen, 

I  am  in  continual  expectation  to  receive  his  Majesty's  commands 
to  lay  before  you  matters  of  importance  ;  and  whenever  they  shall 
arrive  I  shall  be  obliged  to  call  you  together  again.  I  therefore 
think  it  advisable  to  make  this  session  as  short  as  well  may  be  ; 
and  recommend  it  to  you,  not  to  engage  in  any  business,  which 
does  not  require  present  despatch.  The  consideration  of  the 
terms  upon  which  the  stamp  act  has  been  repealed  ;  of  the  expec 
tations  of  the  Parliament,  that  the  Americans  will  not  abuse  the 

*  In  electing  Counsellors,  the  following  gentlemen,  who  had  been  of  the  Board  for  sevT\ 
eral  years,  were  not  chosen,  viz.  1  ho.  Hutchinson,  A.  Oliver,  P.  Oliver,  and  Edmund  Trow- 
bridge.    The  Governor  also  gave  a  negative  to  the  election  of  J.  Otis,  as  Speaker,  and  of 
Col.  Otis,  J.  Gerrish,  Tho.  Saimders,  J.  Bowers,  N.  Sparhawk,  and  S.  Dexter,  who  had  been  \ 
chosen  Counsellors.  \ 


76  MASSACHUSETTS  STATE  PAPERS. 

indulgencies  granted  them  ;  and  of  the  assurances  which  the  pro 
moters  of  the  repeal  have  publicly  given,  that  it  will  be  most  grate 
fully  and  humbly  received,  is  a  subject  which  I  could  well  enlarge 
upon  5  but  I  shall  reserve  it  to  another  opportunity,  when  1  shall 

frobably  be  assisted  by  special  instructions  for  that  purpose,  arid 
hope  shall  be  able  to  speak  to  you  with  greater  authority  than  my 
ownf  FRA.  BERNARD, 

Council  Chamber,  May  29,  1766. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  FOREGOING  SPEECH. 
JUNE  3,  1766. 

May  it  please  your  Excellency, 

THE  House  of  Representatives  of  this  province,  beg  leave  to 
return  to  your  Excellency  our  congratulations  upon  the  repeal  of 
the  stamp  act;  a  most  interesting  and  happy  event,  which  has  dif 
fused  a  general  joy  among  all  his  Majesty's  loyal  and  faithful  sub 
jects  throughout  this  extensive  continent. 

This  is  a  repeated  and  striking  instance  of  our  most  gracious 
Sovereign's  paternal  regard  for  the  happiness  and  welfare  of  all 
his  subjects.  We  feel  upon  this  occasion,  the  deepest  sense  of 
loyalty  and  gratitude.  We  are  abundantly  convinced  that  our 
legal  and  constitutional  rights  and  liberties  will  always  be  safe 
under  his  propitious  government.  We  esteem  the  relation  we 
have  ever  stood  in  with  Great  Britain,  the  mother  country,  our 
happiness  and  security.  We  have  reason  to  confide  in  the  British 
Parliament,  from  this  happy  instance,  that  all  his  Majesty's  faith 
ful  subjects,  however  remote,  are  the  objects  of  their  patronage 
and  justice. 

When  we  reflect  on  the  difficulties  under  which  this  important 
business  labored,  and  the  causes  from  whence  they  arose,  we  are 
truly  astonished  that  they  have  been  surmounted  ;  and  we  grate,- 
fully  resent  the  noble  and  generous  efforts  of  those  illustrious  pat 
riots  who  have  distinguished  themselves  in  our  cause.  Indeed, 
when  we  look  back  upon  the  many  dangers  from  which  our  coun 
try  hath,  even  from  its  first  settlement,  been  delivered,  and  the 
policy  and  power  of  those,  who  have  to  this  day  sought  its  ruin, 
we  are  sensibly  struck  with  an  admiration  of  Divine  goodness,  and 
would  religiously  regard  the  arm  which  has  so  often  shielded  us. 

Upon  so  joyful  an  occasion,  we  were  in  hopes  your  Excellency 
would  have  spread  a  veil  over  every  disagreeable  scene  in  the  late 
times  of  public  calamity ;  but  to  our  surprise  and  astonishment, 
we  find  your  Excellency  declaring  in  your  speech,  at  the  opening 


MASSACHUSETTS    STATE    PAPERS. 

of  the  General  Court,  that  this  cannot  be  done  till  a  better  temper 
arid  understanding  shall  prevail  in  general,  than  there  seems  to  be 
at  present.     Though  your  Excellency  has  seen  reason  to  form  so 
unfavorable  an  opinion  of  the  present  times,  we  beg  leave,  with  all 
humility,  to  ask,  whether  so  great  a  liberality  as  you  have  shown. 
labour  strictures  upon  them,  has  a  tendency  to  make  them  better  ? 
^Private  interests  and  resentments,"    "popular  discontent," 
"  unlimited  abuse  on  the  most  respectable  characters."     These 
and  such  like  expressions,  run  through  a  considerable  part  of  your 
speech.     We  should  have  been  glad  if  your  Excellency  had  given 
some  intimation,  at  least,  that  you  did  not  mean  to  cast  reflections 
on  either  of  the  two  Houses,  to  whom  your  speech  was  immedi 
ately  addressed.     We  have  reason  to  fear,  that  whatever  were  your 
intentions,  this  construction  will  be  put  upon  it  by  those  who 
would  be  glad  to  improve  the  authority  of  your  Excellency  to  our 
disadvantage.     Upon  this  account,  we  find  ourselves  under  a  ne 
cessity,  explicitly  to  declare  to  your  Excellency,  that  no  private 
resentments  of  ours,  have  intermixed  with  popular  discontent. 
We  have  no  interest  detached  from,  or  inconsistent  with,  the 
common  good  ;  we  are  far  from  having  any  "  ill  purposes"  to  ex 
ecute,  much  less  under  the  "  borrowed  mask  of  patriotic  zeal,"  or 
any  other  hypocritical  disguise.     It  has  ever  been  our  pride  to  cul 
tivate  harmony  and  union,  upon  the  principles  of  liberty  and  vir 
tue,  among  the  several  branches  of  the  legislature,  and  a  due  respect 
and  reverence  for  his  Majesty's  representative  in  the   province! 
We  have  endeavored  to  solicit  integrity  and  ability  to  the  aid"ot 
the  people,  and  are  very  sorry  if  gentlemen  of  character  have,  by 
any  means,  been  deterred  from  serving  their  country,  especially 
in  time  of  danger,  when  the  eyes  of  all  might  have  been  upon  them 
for  deliverance.     At  such  a  time,  for  true  patriots  to  be  silent,  is 
dangerous.     Your  Excellency  tells  us  of  an  unlimited  abuse  which 
has  been  cast  upon  the  most  respectable  characters,  of  which  you 
have  had  no  little  experience  yourself ;  but  you  assure  us  that  it 
has  not  abated  your  concern  for  the  welfare'  of  the  country,  nor 
prevented  your  endeavors  to  promote  it.     We  thank  your  Excel 
lency  ;  and  upon  this  assurance  we  have  reason  to  hope  you  have 
employed  your  influence  in  behalf  of  this  people,  at  a  time  when 
they  so  much  stood  in  need  of  it,  in  representing  their  behavior,  in 
general,  in  the  most  candid  and  favorable  view.     In  this  light  his 
Majesty,  his  Ministry  and  Parliament,  have  been  desirous  of  view 
ing  it,  and  when  this  good  people  shall  find  that  your  Excellency 
has  served  them  in  so  essential  a  point,  they  will,  we  are  sure,  be 
ready  "  to  recognize  you  in  the  united  character  of  a  true  friend 
to  the  province,  and  a  faithful  servant  of  the  Crown." 

But,  may  it  please  your  Excellency,  we  cannot  forbear  observ 
ing,  that  when  you  are  speaking,  as  we  conceive,  of  the  injustice 
done  his  Honor  the  Lieutenant  Governor,  the  last  year,  your  man 
ner  of  expression  would  lead  -a  stranger  to  think  that  so  horrid  an 


78  MASSACHUSETTS    STATE    PAPERS. 

act  of  villany  was  perpetrated,  by  the  body  of  this  people.  The 
infatuation,  you  tell  us,  "  has  been  carried  to  such  a  degree  of  in 
justice,  that  the  principal  object  of  the  fury  of  the  people,  was  a 
gentleman  to  whom  they  were  most  highly  indebted  for  his  services 
in  the  very  cause  for  which  they  rose  against  him.  Your  Excel 
lency,  no  doubt,  means  that  the  whole  people,  and  not  apart  only, 
were  most  highly  indebted  to  this  gentleman  for  his  services,  and 
that  the  particular  cause  in  which  he  had  been  engaged,  concerned 
them  all ;  and  yet,  so  infatuated  have  the  body  of  the  people  been, 
that  they  even  rose  against  this  very  gentleman,  and  made  him  the 
object  of  their  fury !  Is  not  this  the  natural  meaning  of  your  words  ? 
And  will  it  not,  sir,  afford  matter  of  triumph  to  the  unrelenting 
enemies  of  this  province,  to  hear  the  Governor  himself  declaring 
that  this  was  the  "prevailing  temper  of  the  people;"  that  such 
was  their  "  violent  and  precipitate  measures,"  and  that  a  veil  can 
not,  even  now,  be  drawn  over  so  "  disgraceful  a  scene,"  because 
the  same  temper  among  the  people  in  general  still  prevails.  There 
may,  sir,  be  a  general  popular  discontent  upon  good  grounds.  [The 
people  may  sometimes  have  just  reason  to  complain  ;  your  Excel 
lency  must  be  sensible,  that  in  such  a  circumstance,  evil  minded 
persons  may  take  the  advantage,  and  rise  in  tumult.  This  has 
been  too  common  in  the  best  regulated  and  best  disposed  cities  in 
Europe.  Under  cover  of  the  night  a  few  villains  may  do  much 
mischief.  And  such,  sir,  was  the  case  here  ;  but  the  virtue  of  the 
people  themselves  finally  suppressed  the  mob  ;  and  we  have  rea 
son  to  believe,  that  the  unaffected  concern  which  they  discover  at 
so  tragical  a  scene,  their  united  detestation  of  it,  their  spirited 
measures  to  prevent  further  disorders,  and  other  circumstances 
well  known  to  the  honorable  gentleman  himself,  have  fully  satisfied 
him,  that  such  an  imputation  was  without  reason.  But  for  many 
months  past  there  has  been  an  undisturbed  tranquillity  in  general, 
in  this  province,  and  for  the  greater  part  of  the  time,  merely  from 
a  sense  of  good  order  in  the  people,  while  they  have  been  in  a 
great  measure  deprived  of  the  public  tribunals,  and  thej&Uninis- 
tration  of  justice,  and  so  far  thrown  into  a  state  of  nature.*J 

We  are  at  a  loss  to  conceive  your  Excellency's  meaning,  when 
you  allude  to  some  proceedings  which  "  when  known  at  home  you 
fear  will  afford  matter  of  triumph  to  those  who  were  for  maintain 
ing  the  stamp  act,  and  sorrow  and  concern  to  those  who  procure 
its  repeal ;"  and  when  you  tell  us  that  "  the  inflammation  of  the 
country  has  been  a  grand  object  with  some  persons,"  we  cannot 
suppose  your  Excellency  would  make  a  public  declaration  of  a 
matter  oF  such  importance  without  good  grounds.  An  attempt  to 
inflame  a  country  is  a  crime  of  very  dark  complexion.  You  tell 
us  that  a  stop  has  not  yet  been  put  to  that  pursuit ;  we  hope  you 

*  The  courts  had.  been  suspended  for  some  months.  See  proceedings  on  that  subject,  pag-e 
65  of  this  volume. 


MASSACHUSETTS  STATE  PAPERS.  79 

have  taken  every  prudent  and  legal  step  in  your  own  department 
to  prevent  it.  Permit  us  however,  to  say,  that  it  is  possible  you 
may  have  been  misinformed,  by  persons  not  well  affected  to 
this  people,  and  who  would  be  glad  to  have  it  thought  that  we  were 
turbulent  and  factious,  and  perpetually  murmuring,  even  after 
every  cause  of  complaint  is  removed.  Such  characters  may  still 
exist  in  the  persons  of  some  who  have  taken  all  occasions  from  the 
just  resentment  of  the  people,  to  represent  them  as  inflammatory, 
disaffected  and  disloyal.  Should  there  be  any  persons  so  aban 
doned,  as  to  make  it  the  object  of  their  policy,  to  inflame  the 
minds  of  the  people  against  a  wise,  a  good,  a  "  mild  and  moderate 
.administration,"  they  may  be  assured  of  the  severest  censures  of 
this  House  as  soon  as  they  are  known. 

But  the  manner  in  which  you  are  pleased  to  explain  the  grounds 
of  your  testimony  against  the  elections  of  the  present  year,  seems 
to  imply  that  it  is  your  opinion  that  the  two  Houses  have  been  so 
far  influenced  by  an  inflammatory  spirit  in  particular  persons,  as 
even  to  make  an  attack  upon  the  government  in  form.  The  two 
Houses  proceeded  in  these  elections  with  perfect  good  humor  and 
good  understanding  ;  and  as  no  other  business  had  been  transacted 
when  we  were  favored  with  your  speech,  it  is  astonishing  to  us, 
that  you  should  think  this  a  time  to  "interrupt  the  general  har 
mony."  Lffe  are  wholly  at  a  loss  to  conceive  how  a  full,  free  and 
fair  election  can  be  called  "  an  attack  upon  the  government  in 
form,"  "  a  professed  intention  to  deprive  it  of  its  best  and  most 
able  servants,"  "  an  ill-judged  and  ill  timed  oppugnation  of  the 
King's  authority."  These,  may  it' please  your  Excellency,  are  high 
and  grievous  cfiarges  against  the  two  Houses,  and  such  as  we  hum 
bly  conceive,  no  crowned  head  since  the  revolution  has  thought  fit 
to  bring  against  two  Houses  of  Parliament.  It  seems  to  us  to  be 
little  short,  if  any  thing,  of  a  direct  impeachment  of  the  two 
Houses  of  high  treason.  Oppugnation  of  the  King's  authority  is 
but  a  learned  mode  of  expression,  which  reduced  to  plain  English, 
is  fighting  against  the  King's  most  excellent  Majesty.  But  what, 
sir,  is  the  oppugnation  which  we  have  been  guilty  of?  We  were 
summoned  and  convened  here  to  give  our  free  suffrages  at  the  gen 
eral  election,  directed  to  be  annually  made  by  the  royal  charter. 
We  have  given  our  suffrages  according  to  the  dictates  of  our  con 
sciences,  and  the  best  light  of  our  understanding.  rFTwas  certainly 
our  right  to  choose,  and  as  clearly  a  constitutionaijtawer  in  your 
Excellency  to  disapprove,  without  assigning  a  reason  either  before 
or  after  your  dissent.  Your  Excellency  has  thought  proper  to  dis 
approve  of  somg]  We  are  far  even  from  suggesting  that  the  coun 
try  has  by  this  means  been  deprived  of  its  best  and  ablest  servants. 
We  have  released  those  of  the  Judges  of  the  Superior  Court  who 
had  the  honor  of  a  seat  at  the  Board,  from  the  cares  and  perplexi 
ties  of  politics,  and  given  them  opportunity  to  make  still  farther 
advances  in  the  knowledge  of  the  law,  and  to  administer  right  and 


80  MASSACHUSETTS  STATE  PAPERS. 

justice  within  this  jurisdiction.  We  have  also  left  other  gentle 
men  more  at  leisure  to  discharge  the  duties  and  functions  of  their 
important  offices.  This  surely  is  not  to  deprive  the  government 
of  its  best  and  ablest  servants,  nor  can  it  be  called  an  oppugnation 
of  any  thing,  but  a  dangerous  union  of  legislative  and  executive 
power  in  the  same  persons ;  a  grievance  long  complained  of  by 
our  constituents,  and  the  redress  of  which  some  of  us  had  special 
instruction,  to  endeavor  at  this  very  election  to  obtaih.A 

Your  Excellency  is  pleased  to  say,  that  only  one  of  all  the 
American  petitions  "  was  well  received  and  of  real  use  in  produc 
ing  the  repeal ;"  that  petition  was  forwarded  from  this  province 
in  season,  to  be  presented  to  the  Parliament,  before  the  stamp  act 
was  passed  ;  by  whose  influence  the  presentation  of  it  was  so 
long  delayed  by  Mr.  Agent  Jackson,  and  omitted  through  that 
whole  session  of  parliament,  it  is  needless  for  us  at  present  to  in 
quire.  If  it  was  so  well  received,  as  your  Excellency  tells  us  it 
was,  and  of  real  use  in  procuring  the  repeal,  there  is  reason  to 
think  it  might  have  had  its  designed  effect  to  prevent  the  passing 
that  act,  and  saved  this  continent  from  that  distress  and  confusion 
in  which  it  has  been  involved.  But  your  Excellency  is  under  a 
mistake,  in  supposing  that  this  petition,  alone,  was  well  received 
and  of  real  use.  Those  from  the  late  general  congress,  we  are  in 
formed  by  our  agent  Mr.  Deberdt,  were  early  laid  before  the  Min 
istry,  and  were  well  received  by  them.  He  tells  us,  that  Mr.  Sec 
retary  Conway  kindly  undertook  to  present  that,  which  was  pre 
pared  for  his  Majesty  ;  and  as  the  royal  ear  is  always  open  to  the 
distresses  of  his  people,  we  have  not  the  least  reason  to  doubt  but 
that  so  united  a  supplication  of  his  American  subjects  was  gra 
ciously  considered  by  him  5  and  with  regard  to  those  to  the  two 
Houses  of  Parliament,  one  of  them  at  least  we  know  was  highly 
approved  of  by  the  chairman  of  the  committee  for  American  affairs, 
was  read  in  the  House  of  Commons,  and  supported  by  Mr.  Pitt ; 
it  was  never  rejected,  and  we  cannot  suppose  it  failed  of  due  at 
tention  merely  for  want  of  form.  In  truth  sir,  we  look  back  with 
the  utmost  pleasure  upon  the  wisdom  of  the  last  House  of  Repre 
sentatives,  in  proposing  such  a  union  of  the  colonies  ;  and  although 
some  have  taken  great  pains  to  lessen  the  weight  and  importance 
of  the  late  congress  in  the  minds  of  the  people,  we  have  the 
strongest  reason  to  believe  that  their  firm  and  prudent  measures 
had  a  very  great  influence  in  procuring  this  happy  repeal. 

You  are  pleased  to  make  a  declaration  that  "  whenever  an  op 
portunity  shall  offer  to  restore  harmony  and  union  to  the  provincial 
councils,  you  will  most  cordially  embrace  it."  The  time,  sir,  is 
already  come  ;  never  was  there  so  happy  a  juncture,  in  which  to 
accomplish  so  desirable  an  end ;  and  it  will  be  the  pride  of  this 
House  to  improve  it ;  with  this  disposition  we  come  together.  If 
any  expression  or  sentiment  in  yonr  speech  should  have  a  contrary 
effect,  as  it  will  so  far  deleat  our  honest  intention,  it  will  fill  us 


MASSACHUSETTS  STATE  PAPERS.  81 

with  real  concern.  Permit  us  also  to  say,  that  it  will  disappoint 
the  expectations  of  his  Majesty  and  the  Parliament  in  repealing 
the  stamp  act ;  for  it  is  most  reasonable  in  them  to  expect  that  the 
restoration  of  the  colonies  to  domestic  peace  and  tranquillity  will 
be  the  happy  effect  of  the  establishment  of  their  just  rights  and 
liberties. 

When  your  Excellency  shall  "  be  assisted  by  special  instruc 
tion,  and  speak  to  us  with  greater  authority  than  your  own,"  we 
shall  be  all  attention  ;  being  assured,  from  past  experience,  that 
every  thing  coming  from  his  Majesty  will  be  full  of  grace  and 
truth. 

[This  answer  was  prepared  by  T.  Gushing,  (the  Speaker,)  J. 
Otis,  S.  Adams,  Co!.  O.  Partridge,  Maj.  Hawley,  Mr.  Saunders, 
and  Mr.  Dexter.] 


SPEECH 

OP  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  JUNE  3,  1766. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE  received  a  letter  from  the  right  honorable  Mr.  Secre^ 
tary  Conway,  enclosing  two  acts  of  Parliament ;  one  for  securing 
the  dependency  of  the  colonies  on  the  mother  country,  and  the 
other  for  the  repeal  of  the  stamp  act.  At  the  same  time  he  is  pleas 
ed  to  signify  what  his  Majesty  and  his  Parliament  expect  from  the 
colonies,  in  return  for  the  indulgence  shewn  them.  I  am  also  or 
dered  to  recommend  to  you^tnat  lull  and  ample  compensation  be 
made  to  the  late  sufferers  by  the  madness  of  the  people  ;  and  for 
that  purpose  I  am  directed  to  lay  before  you  the  votes  of  the  House 
of  Commons,  expressing  their  sense  upon  that  subject ;  whose  hu 
manity  and  justice,  it  is  hoped,  it  will  be  your  glory  to  imitate.  The 
whole  of  this  letter  is  conceived  in  such  strong,  patriotic  and  con 
clusive  terms,  that  I  shall  not  weaken  it  by  a  representation  of  my 
own,  other  than  this  short  capitulation  necessary  to  introduce  what 
I  have  to  say  on  the  subject. 

I  cannot  but  lament,  that  this  letter  did  not  arrive  before  the 
meeting  of  the  General  Court.  If  it  had,  I  flatter  myself,  it  would 
have  prevented  a  transaction,  which  must  now  be  regretted  more 
than  ever.  I  mean  your  excluding  from  the  King's  Council  the 
principal  Crown  Officers  ;  men,  not  only  respectable  in  themselves 
for  their  integrity,  their  abilities,  and  their  fidelity  to  their  country, 
as  well  as  to  their  King  ;  but  also  quite  necessary  to  the  adminis- 
11 


82 


MASSACHUSETTS    STATE    PAPERS. 


tratkm  of  government  in  the  very  station  from  whence  you  have 
displaced  them.  By  this  you  have  anticipated  the  expectations  of 
the  King  and  Parliament,  and  disappointed  them,  before  they  have 
been  communicated  to  you.  It  is  not.  in  your  power,  in  so  full  a 
manner  as  will  be  expected,  to  shew  your  respectful  gratitude 
to  the  mother  country,  or  to  make  a  dutiful  and  affectionate  return 
to  the  indulgence  of  the  King  and  Parliament.  ^JFmust  and  will 
be  understood,  that  these  gentlemen  are  turned  outTor  their  defer 
ence  to  acts  of  the  British  Legislature.  Whilst  this  proceeding 
has  its  full  effect,  you  will  not,  you  cannot  avoid  being  chargeable 
with  unthankfulness  and  dissatisfaction  on  ground  of  former  heat 
and  prevailing  prejudice.  It  is  impossible  to  give  any  tolerable 
coloring  to  this  proceeding.  If  it  should  be  justified,  by  asserting 
a  right  ;  that  it  is  a  legal  power  to  choose  whom  you  please,  with 
out  regard  to  any  considerations  whatever  ;  the  justification  itself 
will  tend  to  impeach  the  right.  But  if  your  right  is  ever  so  abso 
lute,  the  distinction  between  a  right,  and  the  propriety  of  exercis 
ing  it,  is  very  obvious  ;  as  this  distinction  has  so  lately  been  used 
with  great  effect  to  your  own  interest.]  Next  to  wishing,  that  this 
had  never  happened,  it  is  to  be  wisfretT,  that  some  measures  might 
be  formed  to  draw  a  veil  over  it  5  or  at  least  to  palliate  it,  and  pre 
vent  its  bad  effects  ;  which  surely  must  be  very  hurtful  to  this 
province,  if  it  should  be  maintained  and  vindicated.  If  any  expe 
dients  can  be  found  out  for  this  purpose,  I  will  heartily  concur  in 
them  ;  and,  in  general,  I  will  make  the  best  use  of  all  means,  which 
you  shall  put  into  my  hands,  to  save  the  credit  of  the  province  upon 
this  unhappy  emergency  ;  and  1  will  set  off  to  the  best  advantage 
I  can,  all  other  methods  which  you  shall  take  to  demonstrate  those 
sentiments  which  are  expected  from  you  in  the  most  effectual 
manner. 

Gentlemen  of  the  House  of  Representatives, 

fThe  requisition  contained  in  this  letter  is  of  a  most  singular  na 
ture-;  and  the  only  one  of  the  kind  which  I  have  known  since  I 
have  served  his  Majesty  in  America.  It  is  founded  upon  a  reso 
lution  of  the  House  of  Commons,  formed  after  a  full  consideration 

f  the  matter^and  represented  to  his  Majesty  by  the  address  of 
that  House.  Qhp  justice  and  humanity  of  this  requisition  is  so 
forcible,  that  it  cannot  be  controverted.  The  authority,  with  which 
it  is  introduced,  should  preclude  all  disputation  about  complying 
with'ttri  I  hope,  therefore,  you  will  add  to  the  merit  of  your  com 
pliance  by  the  readiness  of  it,  and  assume  to  yourselves  the  honor 
which  now  offers  itself,  of  setting  the  first  example  of  gratitude 
and  dutiful  affection  to  the  King  and  Parliament,  by  giving  those 
proofs  of  it,  which  are  now  pointed  out  to  you.  I  must  observe, 
that  it  is  from  the  Provincial  Assembly,  that  the  King  and  Parlia 
ment  expect  this  compensation  should  be  made  to  the  sufferers, 


MASSACHUSETTS    STATE    PAPERS.  83 

without  referring  them  to  any  other  person  whatever.  Who  ought 
finally  to  be  charged  with  this  expense,  may  be  a  proper  considera 
tion  for  you  ;  and  I  shall  readily  concur  with  you  in  your  resolu 
tions  thereon,  after  the  sufferers  have  been  fully  satisfied?*] 

Gentlemen, 

Both  the  business  and  the  time  are  most  critical  ;  and  let  me 
intreat  you  to  recollect  yourselves,  and  consider  well  what  you 
are  about.  When  the  fate  of  the  province  is  put  in  a  scale,  which 
is  to  rise  or  fall,  according  to  your  present  conduct,  will  you  suffer 
yourselves  to  be  influenced  by  party  animosities,  or  domestic  feuds  ? 
Shall  this  fine  country  be  ruined,  because  every  person  in  govern 
ment  has  not  been  gratified  with  honors  or  office,  according  to  the 
full  of  his  pretensions  ?  Shall  the  private  interests,  passions  or  re 
sentments  of  a  few  men,  deprive  this  whole  people  of  the  great 
and  manifold  advantages,  which  the  favor  and  indulgence  of  their 
Sovereign  and  his  Parliament  are  even  now  providing  for  them  ? 
There  never  was,  at  any  time  whatever,  so.  fair  a  prospect  of  the 
improvement  of  the  peace  and  ivelfare  of  this  province,  as  is  now 
opening  to  you.  Will  you  suffer  this  pleasant  view  to  be  inter 
cepted  or  overclouded  by  the  ill  humors  of  particulars  ?  When 
wealth  and  happiness  are  held  out  to  you,  will  you  refuse  to  ac 
cept  them  ?  Surely  after  his  Majesty's  commands  are  known,  and 
the  terms  in  which  they  are  signified,  well  considered,  the  very 
persons  who  have  created  the  prejudices  and  prepossessions, 
which  I  now  endeavor  to  combat,  will  be  the  first  to  remove  them, 
and  prevent  their  ill  effects. 

It  is  now  declared,  that  "  such  is  the  magnanimity  of  the  King 
and  his  Parliament,  that  they  seem  disposed,  not  only  to  for 
give,  but  to  forget  those  unjustifiable  marks  of  an  undutiful  dispo 
sition  too  frequent  in  the  late  transactions  of  the  colonies."  It  is 
my  desire  to  render  this  grace  as  beneficial  and  extensive  within  this 
province  as  can  well  be  made.  But  it  must  be  expected  that  who 
ever  intends  to  take  the  benefit  of  it,  should  entitle  themselves  to 
it  by  a  departure  from  that  offensive  conduct  which  is  the  object  of 
it.  Here,  then,  it  will  be  necessary  to  draw  a  line,  to  distinguish 
who  are,  and  who  are  not,  the  proper  objects  of  the  gracious  inten 
tion  of  the  King  and  Parliament.  And  if,  after  this  proffered 
grace,  any  person  shall  go  beyond  this  line  ;  and  still  endeavor 
directly  or  indirectly  to  foment  a  division  between  Great  Britain 
and  her  colonies,  and  prevent  that  connexion  of  policy  and  union  of 
interests,  which  are  now  in  so  fair  a  way  of  being  'established  to 
perpetuity,  surely  that  man  will  have  much  to  answer  for  to  both 
countries,  and  will  probably  be  called  to  answer. 

But  I  hope  it  will  not  be  so,  not  in  a  single  instance  ;  but  that 
every  person,  even  they  who  have  given  the  greatest  offence,  will 
embrace  this  opportunity  to  restore  peace  to  their  country,  and 


84  MASSACHUSETTS    STATE    PAPERS. 

obtain  indemnity  for  themselves.  And  all  such  who  shall  really 
desire  to  reconcile  themselves  to  the  King's  government,  either  at 
home  or  here,  may  be  assured,  that  without  a  future  deliquency, 
every  thing  past  will,  as  fast  as  can  be,  be  buried  in  total  oblivion. 
No  one  can  suspect  me  of  want  of  sincerity,  in  making  this  decla 
ration  ;  as  too  ready  a  forgetfulness  of  injuries  has  been  said  to  be 
my  weakness.  However,  it  is  a  failing,  which  I  had  rather  suffer 
by,  than  be  without. 

I  have  spoken  to  you  with  sincerity,  openness  and  earnestness, 
such  as  the  importance  of  the  subject  deserves.  When  the  fate 
of  the  province  seems  to  hang  upon  the  result  of  your  present  de 
liberations,  my  anxiety  for  the  event,  I  hope,  will  make  my  warmth 
excusable.  If  I  have  let  drop  any  word,  which  may  seem  severe 
or  unkind,  let  the  cause  I  am  engaged  in,  apologize  for  it ;  and 
where  the  intention  is  upright,  judge  of  what  I  say,  not  by  detach 
ed  words  or  syllables,  but  by  its  general  purport  and  meaning.  I 
have  always  been  desirous  of  cultivating  a  good  understanding 
with  you.  And  when  I  recollect  the  former  happy  times,  when  I 
scarce  ever  met  the  General  Court,  without  giving  and  receiving 
testimonies  of  mutual  approbation,  I  cannot  but  regret  the  inter 
ruption  of  that  pleasant  intercourse,  by  the  successful  artifices  of 
designing  men,  enemies  to  the  country,  as  well  as  to  me.  But 
now,  that  my  character  for  affection  to  the  province,  and  attention 
to  its  interests,  is  confirmed  by  the  most  authentic  testimonials,  I 
hope  that  at  the  same  time,  you  renew  your  duty  to  the  King,  you 
will  resume  a  confidence  in  his  representative. 

FRA.  BERNARD. 


ANSWER 

OF  THE  COUNCIL  TO  THE  GOVERNOR'S  SPEECH,  AT  THE  OPENING  OF  THE 
~~  FRJlbJLKI  1  iJLbSKLMj'AND.TO  HIS  SPEECH  OF  THE  THIRD  INSTANT, 
JUNE  7,  1766. 

May  it  please  your  Excellency, 

THE  Board  having  taken  into  consideration  your  two  speech 
es,  beg  leave  to  return  our  warmest  congratulations  on  the  repeal 
of  the  stamp  act ;  an  event  that  has  created  the  greatest  and  most 
universal  joy  which  was  ever  felt  on  the  continent  of  America  ; 
and  which  promises  the  most  happy  fruits  to  Great  Britain,  from 
the  growing  prospect  and  grateful  affection  of  her  colonies.  Not 
insensible  of  the  difficulties  which  have  attended  this  important 
affair,  and  the  dangers,  which,  not  only  this  province,. but  all 


MASSACHUSETTS    STATE    PAPERS.  85 

America  have  escaped,  we  assure  your  Excellency,  that  nothing 
shall  be  wanting  on  our  part,  which  may  contribute  towards  a  pro 
per  improvement  of  this  happy  event,  and  the  promoting  so  desir 
able  an  object  as  domestic  peace.  From  such  a  disposition,  we 
cannot  but  take  notice,  with  regret,  of  any  thing,  which  threatens 
to  draw  the  least  cloud  over  the  present  general  joy.  It  is  with 
pain  we  express  our  apprehension,  that  your  Excellency's  speech 
may  tend  to  lead  some,  who  are  not  acquainted  with  the  state  of 
the  province,  to  entertain  such  an  opinion  of  the  government,  or 
the  people,  or  both,  as  they  do  not  deserve.  When  your  Excel 
lency  is  pleased  to  mention  "  inflammations,  distractions,  infatua 
tions,  and  the  fury  of  the  people,"  you  seem  to  refer  to  some 
enormities  committed  by  unknown  and  abandoned  persons,  in  a 
time  of  universal  uneasiness  and  distress.  But  your  Excellency 
cannot  mean  to  impute  these  enormities,  justly  abhorred  by  all 
ranks  among  us,  to  the  body  of  this  people,  or  any  branch  of  the 
government.  Detestable  as  they  are,  they  can  never  lessen  the 
reputation  of  this  province  ;  nor  doth  it  need  a  veil  on  this  occa 
sion.  Villains  are  to  be  found  in  the  best  communities  on  earth  ; 
and  whatever  excesses  may  have  happened  in  America,  under  our 
late  distressing  apprehensions,  the  relief  kindly  granted  us,  demon 
strates  that  our  most  gracious  Sovereign,  and  the  British  Parlia 
ment,  knew  how  to  distinguish  the  complaints  and  dutiful  remon 
strances  of  loyal  subjects,  who  thought  themselves  aggrieved,  from 
the  violences  of  a  profligate  rabble.  Notwithstanding  the  intima 
tions  dropped  from  your  Excellency,  we  are  sure  no  ill  temper 
generally  prevails  among  us  ;  nothing  that  can  lead  the  Parlia 
ment  to  repent  its  indulgence  to  us  ;  nothing  that  can  afford  just 
matter  of  triumph  to  those  who  were  for  maintaining  the  stamp 
act,  nor  of  sorrow  and  concern  to  those  who  procured  its  repeal. 

Your  Excellency  is  pleased  further  to  say,  "  when  the  govern 
ment  is  attacked  in  form,  when  there  is  a  professed  intention  to 
deprive  it  of  its  best  and  most  able  servants,  whose  only  crime  is 
their  fidelity  to  the  Crown,  I  cannot  be  indifferent  5  but  find  my 
self  obliged  to  exercise  every  legal  and  constitutional  power  to 
maintain  the  King's  authority  against  this  ill  judged  and  ill  timed 
oppugnation  of  it."  Whatever  might  have  been  your  Excellency's 
intention,  this  is,  according  to  the  more  obvious  meaning  of  your 
expressions,  a  heavy  charge,  in  which  no  particular  persons,  or 
any  order  of  men  are  specified,  delivered  in  a  speech  to  both 
Houses  of  Assembly,  and  which  the  world  is  left  to  place  where  it 
pleases. 

Your  Excellency  expressly  says,  there  has  been  an  attack  upon 
government  in  form;  and  an  ill  judged  and  ill  timed  oppugnation 
of  the  King's  authority.  A  regard  to  our  own  character,  to  truth 
and  justice,  and  the  reputation  of  the  province,  in  which  we  have 
the  honor  to  serve  his  Majesty,  oblige  us  to  speak  upon  this  point 
with  a  freedom,  in  which  we  are  far  from  meaning  the  least  disre- 


86  MASSACHUSETTS  STATE  PAPERS. 

spect  to  your  Excellency.  Silence,  upon  such  an  occasion,  would 
merit  the  imputation,  which  some  may  be  ready,  from  your  man 
lier  of  expression,  to  lay  upon  us,  and  would  prove  us  equally  un 
worthy  of  the  choice  which  has  been  made  of  us,  and  your  Excel 
lency's  approbation.  {'Have,  then,  the  people  of  this  province  been 
guilty  of  an  attack  upon  government  in  form,  or  of  any  oppugnation 
of  the  King's  authority  ?  We  declare  to  your  Excellency,  we 
know  of  no  such  thing.  The  people,  ever  loyal  to  the  best  of 
Sovereigns,  and  sensible  of  their  felicity  in  connexion  with,  and 
subprdination^to,  the  mother  country,  have  given  new  and  unaf- 
i'ected  testimony  that  these  happy  dispositions  have  increased  in 
all  orders,  upon  the  indulgence  granted  to  them.  They  have  re 
joiced,  with  the  highest  marks  of  honor  and  gratitude  to"the  King, 
to  both  Houses  of  Parliament,  and  to  our  friends  and  patrons  in 
Great  Britain.  They  continually  demonstrate  a  natural  and  warm 
affection  to  the  country  from  which  they  derive,  and  by  which  they 
have  been  protected  and  cherisheclT}  It  has  been  no  small  addition 
to  the  joy  of  the  wise  and  sober  upon  the  late  great  occasion,  that 
quite  through  the  province  good  order  and  decorum  have  happily 
been  preserved  ;  and  it  is  to  the  honor  of  that  gracious  Prince, 
under  whose  government,  all  ranks  among  us  account  themselves 
happy.  And  we  think  it  of  peculiar  importance,  at  the  present 
season,  to  the  people  of  this  province,  that  they  be  viewed  in  this 
light.  Your  Excellency  will,  therefore,  allow  us  to  bear  this  pub 
lic  testimony  ;  a  testimony  which  may  perhaps  appear  the  more 
disinterested,  as  it  comes  from  those  who  are  not  their  more  im 
mediate  representatives,  nff'the  above  cited  passage,  and  in  a 
great  part  of  your  speech,  iF*y our  Excellency  had  a  particular  re 
ference  to  the  transaction  of  both  Houses  in  the  late  election  of 
Counsellors,  we  beg  leave  to  assure  your  Excellency,  that  we  know 
of  nothing  done  by  the  General  Assembly  on  that  day,  which  can, 
with  any  shadow  of  propriety,  be  deemed  an  attack  upon  govern 
ment,  or  an  oppugnation  of  the  King's  authority.  Every  part  of 
the  Legislature  has  acted  in  its  proper  place,  and  exerted  those 
powers  only  with  which  they  were  entrusted  by  charter.  No 
branch  has  usurped,  or  interfered  with,  the  right  of  another. 
Diversity  of  sentiment  respecting  men  and  measures,  and  colli 
sions  of  parties  are  commoa  in  all  free  governments.  Some 'elec 
tions  have  been  made,  which  your  Excellency  has  signified  your 
disapprobation  of  5  and  it  has  had  its  effect.  No  one  having  called 
in  question  your  right  to  negative  such  elections,  or  opposed  you 
in  the  exercise  of  this  branch  of  your  authority.  It  would  be  im 
proper  to  deliver  our  opinion  of  the  expediency  of  any  instances 
in  which  your  Excellency  and  the  two  Houses  of  Assembly  have 
exerted  the  several  powers  which  respectively  belonged  to  each. 
But  we  are  obliged  to  assert,  that  nothing  has  takeivplace  but  what 
has  been  constitutional  and  according  to  the  chartfcri  And  we  are 
persuaded  your  Excellency,  upon  reflection,  will  not  think  that  an 


MASSACHUSETTS    STATE    PAPERS.  87 

election  duly  made,  though  disagreeable  to  the  chair,  deserves  to 
be  called  a  formal  attack  upon  government,  or  an  oppugnation  of 
the  King's  authority.  And  should  any  thing  like  this  be  ever  at 
tempted,  your  Excellency  would  find  this  Board  zealous  to  defend 
our  Sovereign's  honor  and  the  constitutional  power  of  his  represen 
tative.  We  beg  leave  to  assure  your  Excellency,  that  we  shall 
heartily  join  with  you  in  healing  divisions  and  burying  animosities, 
should  they  arise  ;  and  that  we  shall  cheerfully  contribute  all  our 
power  to  the  peace  and  honor  of  your  administration. 

May  it  please  your  Excellency, 

The  letter  from  the  right  honorable  Mr.  Secretary  Conway,  to 
your  Excellency,  accompanying  your  second  speech  from  the  chair, 
affords  us  a  most  agreeable  occasion  of  repeatedly  declaring  the 
strong  sentiments  of  respect  and  gratitude,  with  which  we  regard 
the  lenity  and  tenderness  already  so  remarkably  manifested  on 
the  part  of  his  Majesty  and  the  Parliament,  to  the  American  colo 
nies,  and  the  prospect  given  us  of  some  additional  indulgencies  ; 
for  all  which  it  will  be  our  pleasure,  as  it  must  be  our  glory,  to 
make  the  most  dutiful  and  affectionate  returns.  These  are  the 
dispositions  which  have  uniformly  influenced  this  Board,  before 
we  saw  this  letter,  so  happily  adapted  to  confirm  us  in  them.  And 
we  beg  leave  to  assure  your  Excellency,  that  from  these  disposi 
tions  we  shall  continue  to  act. 

There  are  several  paragraphs  in  your  Excellency's  speeches, 
which  have  been  construed  to  bear  hard  on  the  gentlemen,  who 
now  constitute  the  Board  5  but  your  explanation  of  them  in  Coun 
cil,  and  your  repeated  declarations,  that  you  had  no  such  intention, 
have  given  satisfaction  to  the  Board. 

We  again  beg  leave  to  assure  your  Excellency,  that  our  best 
abilities  shall  be  faithfully  employed  in  promoting  his  Majesty's 
honor  and  interest,  and  in  making  every  part  of  your  administra 
tion  easy  and  happy  ;  and  such  testimonies  of  your  conduct,  as 
are  contained  in  Mr.  Secretary  Conway's  letter,  will  not  suffer  us 
to  conclude,  without  recognizing  your  Excellency  in  the  united 
character  of  a  true  friend  to  the  province,  and  a  faithful  servant  to 
the  Crown. 

[The  committee  who  reported  the  above,  were  W.  Brattle,  J. 
Bowdoin,  H.  Gray,  N.  Ropes,  and  R.  Tyler  ;  and  the  committee 
who  presented  it,  were  W.  Brattle,  G.  Bradford,  T.  Flucker,  J. 
Powell,  and  J.  Pitts.] 


88  MASSACHUSETTS    STATE    PAPERS, 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR'S  SPEECH, 
JUNE  5,  1766. 

May  it  please  your  Excellency, 

(THE  House  have  fully  considered  your  Excellency's  speech 
of  the  third  instant,  and  beg  leave  to  observe,  that  as  on  the  one 
hand  no  consideration  shall  ever  induce  us  to  remit  in  the  least  our 
loyalty  and  gratitude  to  the  best  of  Kings,  so  on  the  other,  no  un 
provoked  asperity  of  expression  on  the  part  of  your  Excellency 
can  deter  us  from  asserting  our  undoubted  charter  rights  and  pri 
vileges.  One  of  the  principal  of  those  is>  that  of  annually  choosing 
his  Majesty's  Council  for  this  province. 

Had  the  most  excellent  letter  from  one  of  his  Majesty's  princi 
pal  Secretaries  of  State,  which  has  been  communicated  to  the 
House,  arrived  sooner,  it  could  not  have  prevented  the  freedom 
6f  our  elections  ;  nor  can  we,  on  the  strictest  examination  of  the 
transactions  of  the  day  of  our  general  election,  so  far  as  the  House 
was  concerned,  discover  the  least  reason  for  regret.  So  long  as 
we  shall  have  our  charter  privileges  continued,  we  must  think  our 
selves  inexcusable,  if  we  should  suffer  ourselves  to  be  intimidated 
in  the  free  exercise  of  them.  This  exercise  of  our  rights  can  never, 
with  any  color  of  reason,  be  adjudged  an  abuse  of  our  libertJJ 

Lest  we  should  be  at  a  loss  for  the  proceedings  and  transac 
tions  which  have  given  your  Excelleucy  so  much  uneasiness,  you 
have  been  pleased  to  inform  us,  in  express  terms,  that  you  "  mean 
the  excluding  from  the  King's  Council  the  principal  Crown  Offi 
cers  ;  men  not  only  respectable  in  themselves  for  their  integrity, 
their  abilities  and  their  fidelity  to  their  country,  as  well  as  to  their 
King,  but  also  quite  necessary  to  the  administration  of  government 
in  the  very  station  from  whence  we  have  displaced  them."  Had 
your  Excellency  thought  fit  to  have  favored  us  with  your  senti 
ments  and  opinion  of  the  candidates  previously  to  the  election,  it 
could  not  have  more  arrested  our  attention  as  a  breach  of  our  privi 
leges  ;  and  it  would  surely  be  as  proper  to  give  intimations  of  this 
kind  before,  as  now  the  business  is  past  a  remedy,  for  this  year  at 
least.  The  Assembly  of  another  year  will  act  for  themselves,  or 
under  such  influence  and  direction  as  they  may  think  fit.  The 
two  Crown  Officers  who  were  of  the  Honorable  Board  the  last 
year,  and  not  chosen  this,  are  the  Lieutenant  Governor  and  Sec 
retary.  The  other  gentlemen  of  the  Board  last  year,  who  are  not 
chosen  this,  hold  only  provincial  commissions.  This  province  has 
subsisted,  and  flourished,  and  the  administration  of  government 
has  been  carried  on  here  entirely  to  the  royal  approbation,  when 
no  Crown  Officers  had  a  seat  at  the  Board,  and  we  trust  this  may 


MASSACHUSETTS  STATE  PAPERS.  89 

be  the  case  again.  We  find  not  in  the  Secretary  of  State's  letter 
the  least  intimation  that  it  was  expected  by  his  Majesty  or  his 
Ministry,  that  we  should  elect  into  his  Majesty's  Council  the 
principal,  or  indeed  any  other  Crown  Officers.  For  any  thing 
that  appears  in  the  letter,  we  are  left  entirely  to  the  exercise  of 
our  own  judgment  and  best  discretion  in  making  our  elections 
agreeably  to  the  royal  charter. 

If  it  is  not  now  in  our  power  in  so  full  a  manner,  as  will  be  ex 
pected,  to  show  our  respectful  gratitude  to  the  mother  country,  or 
to  make  a  dutiful,  affectionate  return  to  the  indulgence  of  the 
King  and  Parliament,  it  shall  be  no  fault  of  ours ;  for  this  we  in 
tend  and  hope,  we  shall  be  able  fully  to  effect.  *~~\ 

We  cannot  persuade  ourselves  that  it  must  and  will  be  under-* 
stood  that  those  gentlemen  were  turned  out,  as  your  Excellency 
is  pleased  to  express  it,  for  their  deference  to  acts  of  the  British 
Legislature.  We  have  given  the  true  reason  of  this  proceeding 
in  our  answer  to  your  Excellency's  first  speech  of  this  session. 
We  are  under  no  apprehension  that  when  the  true  grounds  and 
reasons  of  our  proceedings  are  known  and  candidly  considered, 
we  shall  be  in  the  least  degree  chargeable  with  unthankfulness 
and  dissatisfaction  on  ground  of  former  heat  and  prevailing  preju 
dice?  or  on  any  other  ground. 

Your  Excellency  says,  "  it  is  impossible  to  give  any  tolerable 
coloring  to  this  proceeding."  The  integrity  and  uprightness  of 
our  intentions  and  conduct  is  such,  that  no  coloring  is  requisite, 
and  therefore  we  shall  excuse  ourselves  from  attempting  any. 
We  hold  ourselves  to  be  quite  free  in  our  suffrages  ;  and  provided 
we  observe  the  directions  of  our  charter,  and  the  laws  of  the  land, 
both  which  we  have  strictly  adhered  to,  we  are  by  no  means  ac 
countable  but  to  God  and  our  own  consciences  for  the  manner  in 
which  we  give  them.  We  believe  your  Excellency  is  the  first 
Governor  of  this  province  that  ever  formally  called  the  two  House? 
of  Assembly  to  account  for  their  suffrages,  and  accused  them  of 
ingratitude  and  disaffection  to  the  Crown,  because  they  had  not 
bestowed  them  on  such  persons  as  in  the  opinion  of  the  Governor, 
were  quite  necessary  to  the  administration  of  government.  Had 
your  Excellency  been  pleased  in  season  to  have  favored  us  with  a 
list,  and  positive  orders  whom  to  choose,  we  should,  on  your  prin-  Jy 
ciples  have  been  without  excuse.  But  even  the  most  abject  slaves'! 
are  not  to  be  blamed  for  disobeying  their  master's  will  and  pleas 
ure  when  it  is  wholly  unknown  to  thenO  *— i 

Your  Excellency  says,  "  If  it  shoulcf  be  justified  by.  asserting  a  I 
right,  that  is,  a  legal  power  to  choose  whom  we  please,  without  re 
gard  to  any  considerations  whatever,  the  justification  itself  will  tend 
to  impeach  the  right."  We  clearly  assert  our  charter  rights  of  a 
free  election.  But  for  your  Excellency's  definition  of  this  right, 
viz.  "  a  legal  power  to  choose  whom  we  please,  without  regard  to 
any  considerations  whatever,"  we  contend  not.  We  made  our 
12 


90  MASSACHUSETTS    STATE    PAPERS. 

/  elections  after  the  most  mature  and  deliberate  consideration,  and 
'  had  special  regard  to  the  qualifications  of  the  candidates,  and  all 
circumstances  considered,  chose  those  we  judged  most  likely  to 
serve  his  Majesty,  and  promote  the  welfare  and  prosperity  of  his 
people.  We  cannot  conceive  how  the  assertion  of  our  clear  char 
ter  right  of  free  election  can  tend  to  impeach  that  right  or  charter. 
\Vewould  hope  that  your  Excellency  does  not  mean  open  and 
publicly  to  threaten  us  with  a  deprivation  of  our  charter  privileges, 
merely  for  exercising  them  according  to  our  best  judgment  and 
discretion.  As  to  us,  as  our  charter  is,  we  should  think  it  of  very 
little  value,  if  it  should  be  adjudged  that  the  sense  and  spirit  of  it 
require  the  electors  should  be  under  the  absolute  direction  and 
control  of  the  Chair,  even  in  giving  their  suffrages.  For  whatev 
er  may  be  our  ideas  of  the  wisdom,  prudence,  mildness  and  mod 
eration  of  your  administration,  of  your  forgiving  spirit,  yet  we  are 
noJLSUre  your  successor  will  possess  those  shining  virtues.} 

We  are  very  sensTbte^Tirat  be  ouFrlgKl  of  election  ever  so  clear 
and  absolute,  there  is  a  distinction  between  a  right  and  the  pro 
priety  of  exercising  it.  This  distinction  we  hope,  will  apply  itself 
with  full  force,  and  all  its  advantage  to  your  Excellency's  reluct 
ant  exertion  of  the  prerogative  in  disapproving  six  of  the  gentle 
men  chosen  by  the  two  Houses  of  Assembly.  But  this  being  a 
matter  of  discretion,  is  solely  within  your  Excellency's  breast, 
and  we  are  taught  by  your  just  distinction,  that  such  is  the  gift  of 
suffrages.  It  therefore  gives  us  great  pain  to  have  our  discretion 
questioned,  and  our  public  conduct  thus  repeatedly  arraigned. 

Your  Excellency  has  intimated  your  readiness  to  concur  with 
us  in  any  palliative  or  expedient  to  prevent  the  bad  effects  of 
our  elections,  which  you  think  must  surely  be  very  hurtful  to  the 
province,  if  it  should  be  maintained  and  vindicated.  But,  as  we 
are  under  no  apprehensions  of  any  such  effects,  especially  when 
we  refle.ct  on  the  ability  and  integrity  of  the  Council  your  Excel 
lency  has  approved  of,  we  beg  leave  to  excuse  ourselves  from  any 
unnecessary  search  after  palliatives  or  expedients. 

We  thank  your  Excellency  for  your  kind  assurances  of  "  using 
all  means  to  save  the  credit  of  this  province."  But  we  conceive 
that  when  the  true  state  of  the  province  is  represented  and  known, 
its  credit  can  be  in  no  kind  of  danger.  The  recommendation  en 
joined  by  Mr.  Secretary  Con  way's  letter,  and  in  consequence 
thereof  made  to  us,  we  shall  embrace  the  first  convenient  oppor 
tunity  to  consider  and  act  upon.  In  the  mean  time  cannot  but 
observe,  that  it  is  conceived  in  much  higher  and  stronger  terms  in 
the  speech  than  in  the  letter.  Whether  in  thus  exceeding,  your 
Excellency  speaks  by  your  own  authority,  or  a  higher,  is  not  with 
us  to  determine. 

However,  if  this  recommendation,  which  your  Excellency  terms 
a  requisition,  be  founded  on  "  so  much  justice  and  humanity  that 
it  cannot  be  controverted  :"  If  "  the  authority  with  which  it  is 


MASSACHUSETTS   STATE    PAPERS.  91 

introduced  should  preclude  all  disputation  about  complying  with 
it,"  we  should  be  glad  to  know  what  freedom  w<  ^ve  in  the  case. 

In  answer  to  the  questions  which  your  Excellency  has  proposed 
with  so  much  seeming  emotion,,  we  beg  leave  to  declare,  that  we 
will  not  suffer  ourselves  to  be  in  the  least  influenced  by  party  an 
imosities  or  domestic  feuds,  let  them  exist  where  they  may  :  that 
if  we  can  possibly  prevent  it,  this  fine  country  shall  never  be  rjn- 
ined  by  any  person  :  that  it  shall  be  through  no  default  of  ours, 
should  this  people  be  deprived  cf  the  great  and  manifest  advanta 
ges  which  the  favor  and  indulgence  of  our  most  gracious  Sovereign 
and  his  Parliament  are  even  now  providing  for  them.  On  the 
contrary,  that  it  shall  ever  be  our  highest  ambition,  as  it  is  our 
duty,  so  to  demean  ourselves  in  public  and  private  life,  as  shall 
most  clearly  demonstrate  our  loyalty  and  gratitude  to  the  best  of 
Kings,  and  thereby  recommend  this  people  to  further  gracious 
marks  of  the  royal  clemency  and  favor. 

With  regard  to  the  rest  of  your  Excellency's  speech,  we  are 
sorry  we  are  constrained  to  observe,  that  the  general  air  and  style 
of  its  savors  much  more  of  an  act  of  free  grace  and  pardon,  than 
'  of  a  parliamentary  address  to  the  two  Houses  of  Assembly  ;  and 
we  most  sincerely  wish  your  Excellency  had  been  pleased  to  re 
serve  it  (if  needful)  for  a  proclamation. 

[The  committee  who  prepared  this  answer,  were  T.  Gushing, 
(the  Speaker,)  Mr.  Otis,  Major  Hawley,  Mr.  Saunders,  Col.  O, 
Partridge,  S.  Adams,  and  Col.  Bowers.] 


ADDRESS  OF  THANKS 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  KING,  FOR  HIS  ASSENT 
TO  THE  REPEAL  OF  THE  STAMP  ACT,  JUNE  19,  1766. 

Most  Gracious  Sovereign, 

YOUR  Majesty's  most  faithful  subjects,  the  Representatives 
of  your  province  of  Massachusetts  Bay,  in  New  England,  under 
the  deepest  sense  of  duty  and  loyalty,  beg  leave  humbly  to  ap 
proach  the  throne,  and  to  express  their  warmest  gratitude,  that 
your  Majesty  .has  been  pleased,  in  Parliament,' to  give  your  royal 
assent  to  the  repeal  of  the  American  stamp  act. 

This  is  a  repeated  instance  of  your  royal  clemency,  and  affords 
a  fresh  and  affecting  testimony  of  your  Majesty's  unremitted  and 
indulgent  attention  to  the  welfare  and  happiness  of  all  your 
subjects. 

Your  Majesty  will  allmv  us,  with  the  greatest  grief  and  anxiety, 
to  express  our  apprehension,  that  your  American  subjects  may 


92  MASSACHUSETTS  STATE  PAPERS. 

have  been  represented  to  your  Parliament  as  having  manifested 
some  kind  of  dv.AffectVvVii  to  their  constitutional  dependence  on 
the  parent  counti/;  and  as  disposed  to  take  occasion  from  the  len 
ity  and  tenderness  of  your  Majesty  and  the  Parliament,  to  abate 
of  their  respect  and  submission  to  the  supreme  legislative  author 
ity  of  Great  Britain. 

Permit  us,  witli  all  humility,  to  assure  your  Majesty  of  the 
great  injustice  of  any  such  representations.  Your  subjects  of  this 
province,  and  we  doubt  not  of  the  whole  continent  of  America, 
are  too  sensible  of  the  blessings  they  enjoy  under  your  mild  and 
gracious  government,  to  admit  the  idea  of  such  a  temper  and  con 
duct,  without  abhorrence.  They  esteem  their  connexion  with 
their  fellow  subjects  in  Great  Britain,  and  a  constitutional^subor- 
dimitwn^J,^^  their  great  privilege  and  security. 

"Happy  irTthe  fuTT possession  of  our  rights  and  liberties  under  your 
Majesty's  propitious  government,  we  never  can  be  wanting  in  re 
turns  of  duty  and  the  most  grateful  affection. 

Such,  may  it  please  your  Majesty,  are  our  dispositions  ;  and 
\ve  beg  leave  to  assure  your  Majesty,  that  we  shall  ever  esteem  it 
our  glory  to  cultivate,  as  far  as  our  influence  may  extend,  all  sen 
timents  of  loyalty  and  affection  to  your  Majesty's  personal  gov 
ernment,  and  to  maintain  a  happy  harmony  between  your  subjects 
of  Great  Britain  and  those  of  your  American  colonies. 

(Signed)  T.  CUSHING,  Speaker. 

[The  committee  by  whom  this  address  was  prepared,  were  the 
Speaker,  (Mr.  Gushing,)  Mr.  Otis,  Mr.  Worthington,  Mr.  Adams, 
Mr.  Dexter,  and  0.  Partridge.] 


VOTE  OF  THANKS 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  DIVERS  NOBLEMEN  AND  GEN 
TLEMEN,  IN  ENGLAND,  FOR  THEIR  EFFORTS  IN  PROCURING  A  REPEAL 
OF  THE  STAMP  ACT,  JUNE  20,  1766. 

UPON  a  motion  made  and  seconded,  resolved,  unanimously, 
that  the  most  grateful  acknowledgments  of  this  House  be  made  to 
the  right  honorable  William  Pitt,  Esq.  for  his  noble  and  generous 
efforts,  in  the  present  session  of  Parliament,  in  favor  of  the  British 
colonies  ;  and  particularly  for  the  display  of  his  great  abilities,  and 
his  assiduous  and  successful  endeavors,  in  procuring  an  act  for 
the  repeal  of  the  stamp  act ;  and  that  the  Speaker  be  desired,  by 
the  first  opportunity,  to  transmit  to  him  a  letter  accordingly. 

Resolved,  unanimously,  that  the  most  sincere  thanks  of  this 
House  be  given  to  his  grace,  Augustus  Henry,  Duke  of  Grafton, 


MASSACHUSETTS    STATE    PAPERS.  95 

one  of  his  Majesty's  principal  Secretaries^ "of  State,  &c.  for  his  no 
ble  and  generous  patronage  of  the  British  colonies.  And  that  a 
copy  of  this  vote  be  transmitted  to  his  grace,  in  the  most  respect 
ful  manner,  by  the  Speaker. 

The  House  also  unanimously  passed  a  vote  of  thanks,  in  the 
same  tenor,  severally  to, 

His  grace,  Philip  Dorsett,  Earl  of  Chesterfield,  Lord  Stanhope  ; 
his  Grace,  Thomas  Pelham,  Duke  of  Newcastle ;  his  Grace,  Charles, 
Duke  of  Richmond;  the  right  honorable  Robert  Earl,  of  North- 
ington,  Lord  High  Chancellor  of  Great  Britain  ;  the  right  honora 
ble  Henry  Seymore  Conway,  Esq.  one  of  his  Majesty's  principal 
Secretaries  of  State  ;  the  right  honorable  Charles  Watson,  Mar 
quis  of  Rockingham,  first  Lord  Commissioner  of  his  Majesty's 
treasury ;  the  right  honorable  George  Onslow  ;  the  right  honora 
ble  Charles  Townsend  ;  the  right  honorable  William,  Earl  of 
Shelburne  ;  the  right  honorable  Charles,  Earl  of  Campden  ;  the 
right  honorable  William,  Earl  of  Dartmouth  5  the  right  honorable 
John,  Earl  of  Egmont ;  the  right  honorable  George,  Duke  of  Pom- 
fret ;  the  right  honorable  Vere  Poulett,  Earl  Poulett;  the  right 
honorable  George,  Lord  Edgcumb  ;  the  right  honorable  William 
Dowdswell,  Esq.  Chancellor  of  his  Majesty's  Exchequer  5  Sir 
George  Saville,  Baronet,  member  of  Parliament,  for  Yorkshire  ; 
Sir  William  Meredith,  Knight,  member  of  Parliament,  for  Liver 
pool  ;  the  right  honorable  Arthur  Onslow,  Esq. ;  the  honorable 
George  Howard,  Esq.  member  of  Parliament,  and  General  in  his 
Majesty's  army  ;  the  honorable  Isaac  Barre,  Esq.  member  of  Par 
liament,  and  Colonel  in  his  Majesty's  army  ;  Sir  William  Baker, 
Knight,  member  of  Parliament ;  and  George  Cooke,  Esq.  member 
of  Parliament 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR'S  SPEECH  OF 
JUNE  3,  RESPECTING  COMPENSATION  TO  THOSE  WHO  SUFFERED  IN  THE 
RIOTS  OF  AUGUST  1765...JUNE  25,  1756. 

[The  Governor's  speech  of  May  29,  and  of  June  3,  1766,  refer 
to  the  subject,  and  recommend  the  House  of  Representatives  to 
provide  for  their  remuneration ;  as  will  be  seen  by  a  perusal  of 
those  speeches.  June  24, 1766,  the  House  appointed  a  committee 
to  prepare  a  message  to  the  Governor  in  answer  to  that  part  of  his 
speech  which  recommends  such  compensation.  The  committee 
consisted  of  Mr.  Gushing,  (the  Speaker,)  S.  Adams.  S.  Dexter. 


94  MASSACHUSETTS  STATE  PAPERS. 

Col.  Richmond,  and  Qfo&  Saunfea.      On  the  25th  of  June  the 
committee  reported  the  lollowing,  which  was  adopted.] 

May  it  please  your  Excellency, 

THE  House  of  Representatives  have  duly  attended  to  that 
part  of  your  Excellency's  speech  which  had  reference  to  a  full  and 
ample  compensation  to  be  made  to  the  sufferers  in  the  late  dis 
turbances. 

We  are  sensibly  affected  with  the  loss  they  have  sustained, 
and  have  the  greatest  abhorrence  of  the  madness  and  barbarity  of 
those  persons  who  were  the  instruments  of  their  sufferings.  Noth 
ing  shall  be  omitted  by  us,  in  our  department,  to  bring  the  perpe 
trators  of  so  horrid  a  fact  to  exemplary  justice  ;  and  if  it  be  in 
their  power,  to  a  pecuniary  restitution  of  all  damages.  But,  may 
it  please  your  Excellency,  as  a  compliance  with  your  Excellency^ 
recommendation  to  the  Provincial  Assembly,  to  make  up  their 
losses,  appears  to  this  House,  not  as  an  act  of  justice,  but  rather 
of  generosity,  they  are  in  doubt,  whether  they  have  any  authority 
to  make  their  constituents  chargeable  with,  without  their  express 
consent.  The  House,  therefore,  beg  leave  to  acquaint  your  Ex 
cellency,  that  they  have  thought  it  their  duty  to  refer  the  consid 
eration  of  this  matter  to  the  next  sitting  of  the  General  Court, 
that  the  members  may  have  the  opportunity  of  taking  the  minds 
and  instructions  of  their  several  towns  thereon. 


MESSAGE 

OF  GOVERNOR  BERNARD,   TO  THE  HOUSE  OF  REPRESENTATIVES, 
JUNE  27,  1766. 


of  the  House  of  Representatives,, 

As  your  reasons  for  not  complying  at  present  with  what  has 
been  recommended  to  you  by  order  of  the  King,  with  the  advice 
of  his  Parliament,  on  the  behalf  of  the  sufferers  in  the  late  distur 
bances,  will  probably  be  canvassed  with  great  precision,  it  will  be 
proper  that  the  intendment  of  ihem  should  be  as  certain  as  may 
be.  I  should,  therefore,  be  glad  to  know  whether  I  must  under 
stand  from  your  message  of  yesterday,  that  it  is  your  opinion  that 
a  detection  of  the  perpetrators  of  the  late  mischiefs  is  necessary  to 

/  entitle  the  sufferers  to  a  compensation  for  their  losses. 

v*  It  appears  to  be  the  gracious  intention  of  the  King  and  Parlia 
ment,  that  a  veil  should  be  cast  over  the  late  disturbances,  pro 
vided  it  be  covered  by  a  general  and  uniform  dutiful  behavior  for 


MASSACHUSETTS  STATE  PAPERS.  95 

the  future.  But  it  is  certainly  no  less  their  firm  and  resolute  pur 
pose,  that  the  sufferers  by  these  disturbances  shall  have  a  full  and 
ample  indemnification  made  to  them.  And  this  business  has  been 
committed  to  you  upon  principles  of  humanity  and  justice,  rather 
than  of  mere  generosity. 

If  you  think,  that  an  inquiry  into  the  promotion  and  perpetra 
tion  of  the  late  disorders  a  necessary  preliminary  to  determine, 
from  whom  the  charge  of  the  compensation  shall  finally  come,  and 
shall  pronounce  for  the  expediency  of  such  an  inquiry,  you  will 
certainly  be  assisted  by  the  Governor  and  Council  in  the  prosecu 
tion  of  it.  And  I  dare  say  it  will  be  no  difficult  work  to  trace  this 
matter  to  the  bottom.*  -**1 

But  in  the  mean  time,  I  fear  the  King  and  Parliament  will  think  • 
their  intimations  disregarded,  by  your  proposing  an  inquiry  now, 
after  it  has  been  neglected  for  nine  months  past :  during  all  which 
time  the  House  have  had  this  very  business  of  indemnifications 
under  their  consideration.  They  expect  from  you,  that  the  suf 
ferers  shall  be  indemnified  at  all  events,  whether  the  offenders  are 
discovered  or  not,  or  whether  they  are  able  to  pay  the  damages  or 
not ;  and  seem  to  be  more  intent  upon  indemnification  than  upon 
punishment. 

I,  therefore,  wish  for  the  sake  of  the  province,  whose  interests, 
and  especially  those  of  its  trade,  are  now  in  a  very  nice  balance, 
and  for  the  sake  of  this  town,  whose  respectable  inhabitants  have 
already  suffered  much  in  the  opinion  of  the  wrorld,  for  having  been 
tame  spectators  of  the  violences  committed  in  it;  that  you  would 
remove  this  disgrace  without  the  least  delay,  by  ordering  the  in 
demnification  immediately  to  be  made  upon  the  credit  of  those 
whom  you  shall  hereafter  judge  to  be  chargeable  with  it.  When 
this  is  done,  there  can  be  no  objection  to  your  postponing  the  con 
sideration,  on  whom  this  money  ought  ultimately  to  be  laid,  to 
what  time  you  please.  And  there  is  no  doubt  but  that  any  inquiry, 
which  you  shall  think  fit  to  make  for  this  purpose,  will  be  as  efh%J 
cacious  as  you  can  desire.  '^ 

FRA.  BERNARD. 

*  The  House  appointed  a  committee,  viz.  Gen.  Ruggles,  Mr.  Hall,  Mr.  Sheaffe,  and 
Mr.  Hancock,  to  wait  on  the  Governor,  and  desire  him  to  acquaint,  them  whether  he  had  any 
light  whereby  the  House  might  come  to  a  knowledge  of  the  rioters  of  last  year  ;  who  re-, 
ported,  that  the  Governor  was  pleased  to  inform  them,  that  he  heard  many  hints  and  some 
few  persons  named ;  that  he  had  not  taken  any  minutes  respecting  the  matter  ;  but  if  the 
House  were  disposed  to  sit  into  the  next  week,  he  would  recollect  what  had  occurred  to  him 
on  the  subject,  and  acquaint  such  a  committee  of  secrecy,  as  the  House  might  think  proper 
to  appoint,  with  all  he  knew  of  the  matter.  A  committee  was  accordingly  appointed  oy  the 
House,  to  sit  in  the  recess  of  the  Court,  and  make  inquiry  into  the  riots  committed  in  August, 
1765,  with  power  to  send  for  persons  and  papers  ;  and  thajUthe  matter  of  their  inquiry  be 
kept  a  secret,  till  they  should  make  a  report  to  the  House.  tThe  Court  was  adjourned,  June 
28,  and  convened  again  by  the  Governor,  October  29  ;  and  oTTthe  30th,  the  committee  afore 
mentioned  reported,  that  July  9th,  they  waited  on  his  Excellency  to  receive  that  assistance, 
which  he  was  pleased  to  propose  to  the  House,  in  his  message,  last  session.  He,  therefore, 
called  the  Council  togetherTJ  The  committee  offered  to  hear  and  receive  any  information 
from  the  Governor  and  Council,  respecting  the  riots.  But  none  was  communicated  ;  and 
the  Council  was  adjourned  without  day. 


96  MASSACHUSETTS  STATE  PAPERS, 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  ABOVE  MESSAGE  FROM 
THE  GOVERNOR,  JUNE  28,  1766. 

May  it  j)lease  your  Excellency  , 

THE  House  have  duly  attended  to  your  Excellency's  message 
of  the  27th  inst.  We  are  fully  sensible  of  the  goodness  of  the 
King  and  Parliament  ;  and  agree  with  your  Excellency,  that  it 
appears  to  be  their  gracious  intention  that  a  veil  should  be  drawn 
over  the  late  disturbances.  And  we  hope  our  behavior  will  al- 
wffis  be  such  as  to  merit  their  approbation. 

JjSir,  the  House  are  ever  attentive  to  the  applications  of  persons  of 
every  rank,  whose  case  justly  claims  their  consideration.  But  as 
the  sufferers,  whom  we  apprehend  your  Excellency  refers  to,  have 
never  applied  to  this  House  in  a  parliamentary  way  for  relief,  we 
are  humbly  of  opinion,  that  we  have  done  all  at  present  that  our 
gracious  Sovereign  and  his  Parliament  can  reasonably  expect  from 
us.  But  to  shew  our  regard  to  every  thing  recommended  by  the 
King  and  Parliament,  we  have  appointed  a  committee  to  sit  in  the 
recess  of  the  Court,  to  make  a  thorough  inquiry  into  the  riots 
committed  in  August  last,  and  to  discover  the  persons  concerned 
therein,  as  far  as  may  be.  For  the  effectuating  which  business, 
we  doubt  not  but  we  shall  be  aided  by  your  Excellency  and  his 
Majesty's  Council. 

And  further,  would  acquaint  your  Excellency,  that  the  House 
have  passed  a  resolve  to  take  the  report  of  this  committee  under 
consideration,  at  the  beginning  of  the  next  session  of  this  Court, 
and  act  thereon  what  shall  appear  to  them  to  be  just  and  reasona 
ble. 

Your  Excellency  is  pleased  to  enforce  the  immediate  compliance 
of  the  House  with  this  requisition,  by  an  argument  drawn  from  a 
regard  to  the  town  of  Boston,  the  reputation  of  whose  inhabitants 
your  Excellency  says  has  already  suffered  much  for  having  been 
tame  spectators  of  the  violences  committed,  and  that  this  disgrace 
would  be  removed  thereby.  We  see  no  reason  why  the  reputa- 
tion  of  that  town  should  suffer  in  the  opinion  of  any  one,  from  all 
the  evidence  which  has  fallen  under  the  observation  of  the  House. 
Nor  does  it  appear  to  us  how  a  compliance  would  remove  such 
disgrace,  if  that  town  had  been  so  unhappy  as  to  have  fallen  un- 
der  it. 


|  de 


MASSACHUSETTS   STATE   PAPERS.  97 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  OCTOBER  29,  1766. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 
I  HAVE  thought  proper  to  call  you  together,  that  you  may  have 
an  opportunity  to  give  a  positive  answer  to  what  I  recommended 
to  you,  by  order  of  his  Majesty,  last  session ;  as  it  will  be  ex 
pected  of  me  that  it  be  reported  to  his  Majesty  before  the  opening 
of  the  business  of  the  next  year  ;  and  I  heartily  wish  it  may  be 
such  as  will  answer  the  expectations  and  desires  of  your  friends 
in  Great  Britain.  For  my  own  part,  I  shall  upon  this  occasion, 
as  upon  all  others,  make  the  best  use  of  the  means  you  shall  put 
in  my  hands  to  promote  the  honor  and  reputation  of  the  province. 

As  you  are  called  together  for  this  business  only,  when  it  is 
finished,  I  shall  have  no  objection  to  your  returning  home,  until 
the  usual  time  of  opening  the  winter  session. 

FRA.  BERNARD. 

Council  Chamber,  October  29, 1766. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  ABOVE  SPEECH, 
NOVEMBER  11,  1766. 

May  it  please  your  Excellency, 

YOUR  speech  to  both  Houses  at  the  opening  of  the  present 
session,  has  been  repeatedly  under  the  most  deliberate  considera 
tion  of  the  House  of  Representatives. 

It  was  indeed,  sir,  with  great  reluctance,  that  the  House  found 
themselves  under  the  necessity  of  havin^ecourse  to  your  former 
speech  and  message  upon  this  occasion  p^ut  as  you  are  pleased  to 
refer  us  to  them  without  saying  any  thing  to  qualify  them, the  House 
cannot  help  observing,  that  the  manner  in  which  your  Excellency 
has  repeatedly  proposed  a  compensation  to  the  sufferers,  has  been 
derogatory  to  the  honor  of  the  House,  and  in  breach  of  the  privi 
leges  thereof.  That  the  terms  you  have  made  use  of,  have  been 
essentially  different  from  those,  dictated  to  you,  by  his  Majes 
ty's  express  command,  signified  in  a  letter  from  his  Secreta 
ry  of  State.  That  they  tended  to  weaken  the  Inherent,  uncon- 


98  MASSACHUSETTS    STATE   PAPERS. 

trolable  right  of  the  people,  to  dispose  of  their  own  money  to  such 
purposes  as  they  shall  judge  expedient,  and  to  no  other.  And 
that,  under  these  apprehensions,  it  is  not  improbable,  some  of  the 
towns  may  have  framed  their  instructions  to  their  Representatives 
against  a  compensation  out  of  the  public  treasury. 
^The  House,  however,  with  the  most  dutiful  and  profound  re 
spect,  have  attended  to  his  Majesty's  most  gracious  and  mild 
recommendation  ;  and  observe  that  it  is  his  pious  and  benevolent 
intention,  that  not  only  a  compensation  should  be  made  to  the  suf 
ferers,  in  the  late  times,  but  also  that  a  veil  be  drawn  over  every 
disgraceful  scene,  and  to  forgive,  and  even  to  forget, the  undutiful 
behavror  of  any  of  his  subjects,  in  those  unhappy  times^ 

Confirmed  in  the  opinion,  that  an  indemnification  of  the  offend 
ers  is  of  equal  importance  and  necessity  with  the  making  compen 
sation  to  the  sufferers,  and  being  ever  ready,  with  the  utmost 
cheerfulness,  to  unite  their  endeavors  in  promoting  the  wise  and 
gracious  purposes  of  their  rightful  Sovereign  ;  in  conformity  to 
the  spirit  of  Mr.  Secretary  Con  way's  letter,  the  House  have  framed 
a  bill,  entitled  "  An  act  for  granting  compensation  to  the  sufferers, 
and  general  pardon,  indemnity  and  oblivion  to  the  offenders,  in 
the  late  times."* 

This  bill  they  have  ordered  to  be  published  for  the  consideration 
of  the  several  towns,  aud  humbly  pray  your  Excellency  would 
please  to  give  them  a  recess  for  that  purpose. 

[Major  Hawley,  Mr.  Dexter,  Col.  Bowers,  Mr.  Adams,  and 
Major  Johnson,  were  the  committee  who  prepared  the  above  an 
swer.] 


SPEECH 

OF  GOVERNOR  BERNARD  TO  THE  HOUSE  OF  REPRESENTATIVES, 
NOVEMBER  13,  1766. 

Gentlemen  of  the  House  of  Representatives, 

IN  the  letter  of  the  Earl  of  Shelburne,  which  I  laid  before  you, 
you  have  a  second  testimony  from  another  of  his  Majesty's  Secre 
taries  of  State,  of  the  tenderness  and  affection  towards  the  people 
under  my  government,  with  which  I  have  conducted  myself  during 

*  The  said  bill  passed  to  be  enacted,  December  6,  1766.  The  preamble  was  as  follows  : 
«  Whereas  the  King's  most  excellent  Majesty,  from  a  hearty  and  pious  desire  that  the  suffer 
ers  in  the  late  riots  should  be  compensated,  and  that  a  veil  may  be  drawn  over  the  late  un 
happy  excesses,  has  been  graciously  pleased  to  signify  his  intention  to  forgive  and  forget 
them ;  at  the  same  time  of  his  abundant  clemency,  recommending  a  compensation  to  the 
sufferers,  &c.  from  a  grateful  sense  of  his  Majesty's  grace  and  clemency,  in  order  to  pro 
mote  peace  and  safety,  to  make  compensation  to  said  sufferers,  and  thus  to  demonstrate  to 
the  world  our  sense  of  the  happiness  we  enjoy,  in  being  a  part  of  the  British  empire,  anrl 
being  entitled  to  the  rights,  liberties  and  privileges  of  British  subjects  ;  we,  his  Majesty's 
most  dutiful  and  loyal  subjects,  the  Representatives  of  the  Commons  of  this  province,  in  th* 
great  a^il  General  Court  assembled,  of  our  free  and  good  will,  have  resolved  to  give  and 
and  pray  that  it  may  bQ  enacted,"  &c. 


I  great 
f  $raut 

L-i 


MASSACHUSETTS    STATE    PAPERS.  99 

the  late  disputes,  and  therefore  I  shall  make  no  other  answer  to 
the  ungenerous  insinuations  in  your  message  of  yesterday,  than  by 
referring  to  your  own  journals,  from  whence  it  will  evidently  ap 
pear,  that  it  is  from  among  yourselves,  and  not  from  me,  that  the 
difficulties  which  have  prevented  your  making  a  compensation  to 
the  sufferers,  have  arose. 

I  am  very  sorry  that  you  have  not  already  complied  with  what 
has  been  recommended  "to  you  ;  but  it  is  some  satisfaction  to  me, 
that  you  have  laid  a  foundation  for  completing  this  business,  which 
I  hope  will  not  fail  of  success.  The  importance  of  the  affair,  and 
the  hasty  approach  of  the  new  year,  will  not  allow  the  loss  of  a 
day  which  can  be  saved  ;  and  therefore,  I  shall  make  the  recess 
which  you  desire,  as  short  as  possible.  And  that  you  may  do  the 
business  with  as  much  credit  to  yourselves  as  may  be,  I  shall  con 
tinue  the  session  until  you  can  come  to  a  final  determination. 

FRA.  BERNARD. 

Council  Chamber,  November  13,  1766. 


LETTER 

OF  LORD  SHELBURNE  TO  GOVERNOR  BERNARD,  AND  BY  HIM  LAID  BEFORE 
THE  GENERAL  COURT. 


Whitehall,  September  13,  1766. 


SIR, 


I  HAVE  had  the  honor  to  lay  before  the  King,  your  letters  of 
the  29th  of  June,  and  19th  of  July  last,  together  with  the  enclo 
sures  therein  contained  ;  and  I  have  received  his  Majesty's  com 
mands  to  communicate  them  to  such  of  his  servants,  as  he  thinks 
proper  usually  to  consult  upon  his  most  important  affairs,  as  soon 
as  the  season  of  the  year  will  conveniently  admit  of  this  meeting, 
for  this  and  other  purposes.  In  the  mean  time,  his  Majesty  is  ex 
tremely  sorry  to  observe  any  degree  of  ill  temper  remaining  in  his 
colony  of  Massachusetts  Bay,  or,  that  points  should  be  so  improp 
erly  agitated,  as  to  tend  to  the  revival  of  disputes,  which  every 
friend  to  America  must  wish  to  be  forgotten.  They  have  seen  the 
Parliament  of  Great  Britain  give  due  attention  to  all  well  founded 
complaints  of  the  province,  notwithstanding  they  appeared  to 
them,  in  some  parts,  not  so  properly  urged,  and  though  the  legis 
lature  will,  certainly,  on  all  just  occasions,  exercise  and  enforce 
its  legislative  power  over  the  colonies,  yet,  it  cannot  be  doubted, 
but  it  will  exert  it  with  a  due  regard  to  the  nature  of  their  con 
nexion  with  the  mother  country. 

Upon  this  occasion  it  is  proper  to  observe,  in  general,  that  the 


100  MASSACHUSETTS    STATE    PAPERS. 

ease  and  honor  of  his  Majesty's  government  in  America,  will 
greatly  depend  on  the  temper  and  wisdom  of  those  who  are  trusted 
with  the  administration  there  ;  and  that  they  ought  to  be  persons 
disdaining  narrow  views,  private  combinations,  and  partial  at 
tachments.  It  is  with  great  pleasure,  sir,  that  I  have  observed  the 
manner  in  which  you  have  conducted  yourself,  during  the  dis 
putes  of  the  last  year,  which  I  cannot  do,  without  highly  approving 
your  attention  and  watchfulness  on  the  one  hand,  to  support  the 
authority  of  government,  and  on  the  other,  the  tenderness  and  af 
fection  which  appeared  in  all  your  letters,  toward  the  people  un 
der  your  government.  A  temperate  conduct,  founded  on  the  true 
basis  of  public  good,  avoiding  all  the  unnecessary  reserve,  where 
nothing  arbitrary  is  thought  of,  and  nothing  unreasonable  is  re 
quired,  must  carry  conviction  to  the  hearts  of  the  deluded,  concili 
ate  the  minds  of  all,  and  ensure  the  confidence  of  his  Majesty's 
loyal  and  loving  subjects  of  America. 

Upon  these  considerations,  I  am  persuaded  that  the  Assembly 
will,  immediately  upon  their  meeting,  fall  upon  measures  to  termi 
nate  all  local  difficulties,  which  appear,  by  your  accounts,  to  have 
hitherto  prevented  that  compliance  which  will  be  expected  by 
Parliament,  with  the  recommendations  you  have  been  required  to 
make,  in  consequence  of  the  resolutions  of  both  Houses.  It  is  im 
possible  to  conceive  that  they  will  suffer  any  private  considerations 
to  interfere  with  their  desire  of  shewing  a  proper  sense  of  that 
paternal  regard,  which  they  have  experienced  from  his  Majesty, 
and  of  the  attention  which  Parliament  has  given  to  their  com 
plaints  ;  which  can  never  be  done  with  more  propriety,  than  by 
granting,  with  the  utmost  cheerfulness,  a  just  compensation  to 
those  who  have  suffered  by  the  late  disorders. 

I  am,  with  truth  and  regard,  sir,  your  most  obedient,  humble 
servant,  SHELBURNE. 


RESOLVES 

OF  THE  HOUSE  OF  REPRESENTATIVES  ON  THE  SUBJECT  OF  COMPENSATION 
fOh  TO  THE  SUFFERERS  BY  THE  RIOTS  IN  1765. 

ORDERED,  That  Major  Hawley,  Mr.  Otis,  and  Mr.  Adams,  be 
a  committee  to  prepare  a  resolve,  setting  forth  the  motives  which 
induced  this  House  to  pass  the  bill  for  granting  compensation,  &c. 
who  reported  thereon  as  follows  : 

Resolved,  That  this  House,  in  passing  the  bill  for  granting  com 
pensation  to  the  sufferers,  and  of  free  and  general  pardon,  indem 
nity  and  oblivion,  to  the  offenders  in  the  late  times,  were  influenced 
by  a  loyal  and  grateful  regard  to  his  Majesty's  most  mild  and 


MASSACHUSETTS  STATE  PAPERS.  101 

gracious  recommendation  ;  by  a  deference  to  the  opinion  of  the 
illustrious  patrons  of  the  colonies  in  Great  Britain  ;  and  for  the 
sake  of  internal  peace  and  order,  without  regard  to  any  interpre 
tation  of  his  Majesty's  recommendation  into  a  requisition,  pre 
cluding  all  debate  and  controversy  ;  and  under  a  full  persuasion 
that  the  sufferers  had  no  just  claim  or  demand  on  the  province  5 
and  that  this  compliance  ought  not  hereafter  to  be  drawn  into  a 
precedent. 

After  which  the  House  passed  the  two  following  resolutions,  viz. 

1.  Resolved,  That  it  was  the  indispenasble  duty  of  the  sufterers 
to  have  applied  to  the  government  here,  rather  than  to  the  govern 
ment  at  home ;  and  that  the  neglect  of  any  of  them  to  petition 
to  this  Assembly  till  October  last,  while  they  were  complaining  at 
home,  is  very  reprehensible. 

2.  Whereas  it  appears  to  this  House,  by  the  resolutions  of  the 
honorable  the  House  of  Commons  of  Great  Britain,  that  it  "was 
their  opinion  that  the  resolutions  of  divers  assemblies  in  America, 
had  a  tendency  to  encourage  the  riots  that  happened  there,  Re 
solved,  that  this  cannot  be  said  of  the  resolutions  of  the  House  of 
Representatives  of  this  province,  as  the  said  riots  happened  about 
two  months  before  any  such  resolutions  were  made.* 


LETTER 

FROM  DENNYS  DE  BERDT,  ESQ.  AGENT  FOR  THE  PROVINCE,  IN  ENGLAND, 
TO  THE  SPEAKER  OF  THE  HOUSE  OF  REPRESENTATIVES,  DATED  AT  LON 
DON,  AUGUST  6,  1766. 

SIR, 

SINCE  my  last,  I  received  a  few  lines  from  Lord  Dartmouth, 
in  which  he  says,  "  I  am  sorry  to  hear  that  the  Assembly  of  Boston 
has  refused  to  make  the  indemnification  recommended  by  Parlia 
ment.  New  York  has  complied." 

Had  you  been  here  to  be  fully  apprized  of  the  long  debate  which 
your  friends  supported  in  the  House,  to  obtain  the  word  "  recom 
mend,"  as  a  term  entirely  consistent  with  your  liberty,  it  must 
have  left  a  grateful  impression  on  your  mind,  which  your  address 
is  so  full  of,  both  to  the  King  and  Parliament,  "that  I  can  hardly 
believe  you  should  come  to  such  a  conclusion.  If  the  report  be  a 
slander  on  the  province,  I  shall  be  glad  if  you  will  put  it  in  my 
power  to  refute  it ;  as  I  am  ambitious  your  Assembly,  who  I  have 
the  honor  to  be  employed  by,  should  stand  high  in  the  esteem  of 
the  King,  Ministry,  and  Parliament,  as  well  as  in  the  esteem  of 
all  the  real  friends  of  America,  which  such  a  refusal  will  abate. 

«  The  riots  were  in  August,  1765,  and  the  resolutions  in  October  after. 


102  MASSACHUSETTS   STATE    PAPERS. 

LETTER 

FROM  THE  SAME,  SEPTEMBER  19,  1766. 

SINCE  my  last  to  you,  I  have  received  several  letters  from 
your  friends,  in  answer  to  your  vote  of  thanks,  (which  I  enclose,) 
and  the  universal  approbation  it  has  met  with,  proves  it  a  very  well 
judged  measure  :  and  Lord  Chesterfield  and  the  old  Speaker  Ons- 
low,  whose  hearts  were  warm  in  your  cause,  were  very  particularly 
pleased;  and  the  latter  desired  me  to  assure  your  House,  he 
esteemed  it  the  highest  honor  which  could  be  conferred  on  him. 

Yesterday  I  waited  on  Lord  Shelburne,  our  new  Secretary  of 
State  ;  and  his  Lordship  expressed  himself  in  such  terms  as  gave 
me  great  satisfaction,  and  desired  me  to  assure  your  House, 
he  had  the  highest  regard  for  America,  wished  their  prosperity, 
and  would  make  it  his  care  to  promote  it.  That  you  might  be  per 
fectly  easy  about  the  enjoyment  of  your  rights  and  privileges  under 
the  present  administration.  But  on  the  other  hand,  the  dignity  of 
government  must  be  maintained,  as  well  as  due  regard  to  the  ad 
ministration  here  ;  which  I  assured  them  was  your  real  disposi 
tion,  as  was  manifest  by  the  tenor  of  the  addresses,  two  of  which 
came  through  my  hands,  yours  and  from  the  lower  counties  of 
Pennsylvania. 

He  desired  you  would  finish  the  affair  of  the  damages  sustained, 
because  it  gave  occasion  to  your  and  the  enemies  of  the  adminis 
tration  to  upbraid  them  for  the  gentle  measures  they  adopted  ;  on 
the  other  hand,  he  had  also  written  to  every  Governor  on  the  con 
tinent  to  behave  with  moderation  to  the  several  provinces  over 
which  they  preside  ;  and  had  written  to  your  Governor  in  partic 
ular,  to  pursue  healing  measures.  And  added,  that  whatever  new 
Governors  were  appointed,  he  would  take  care  to  send  such  men 
as  should  act  on  the  most  generous  principles,  and  thereby  secure 
the  affections  of  the  people. 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  JANUARY  28,  1767. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

AT  the  opening  of  this  session,  I  have  nothing  by  command 
of  his  Majesty  to  lay  before  you.  What  I  have  to  propose  from 
myself,  shall  be  communicated  by  separate  papers.  At  present^  I 


MASSACHUSETTS    STATE    PAPERS.  103 

have  only  to  recommend  to  you,  that  the  support  of  the  authority 
of  the  government,  the  maintenance  of  the  honor  of  the  province, 
and  the  promotion  of  the  welfare  of  the  people,  may  be  the  chief 
objects  of  your  consultations.  These  are  duties  common  to  us  all ; 
and  whilst  they  are  truly  pursued,  there  can  be  no  room  for  disa 
greement  or  dissatisfaction. 

FRA.  BERNARD. 
Council  Chamber,  January  28,  1767. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  ABOVE, 
JANUARY  31,  1767. 

May  it  please  your  Excellency, 

YOUR  speech  to  both  Houses  of  the  General  Assembly  at  the 
opening  of  the  present  session,  has  been  duly  considered  by  the 
House  of  Representatives. 

Your  Excellency  is  pleased  to  recommend  "  the  support  of  the 
authority  of  the  government,  the  maintenance  of  the  honor  of  the 
province,  and  the  promotion  of  the  welfare  of  the  people,  as  the 
chief  objects  of  our  consultations." 

By  the  authority  of  the  government,  this  House  understand,  the 
charter  rights  and  powers  of  the  Great  and  General  Court  or  As 
sembly  of  this  province,  and  the  several  branches  of  the  same  ; 
and  the  powers  with  which  the  civil  officers  of  the  province  are  bv 
law  vested.  While  the  members  of  that  Assembly  firmly  maintain, 
those  rights  and  powers,  and  the  body  of  the  people  steadily  and 
vigorously  sustain  and  protect  the  civil  officers  in  the  exercise  of 
their  respective  powers,  in  the  full  execution  of  the  good  laws  of 
the  province,  and  the  discharge  of  their  several  trusts,  whether ju- 
diciarv  or  ministerial,  we  apprehend  the  authority  of  the  govern 
ment  is  then  supported.  It  is  necessary  for  the  support  of  this 
authority,  that  the  House  of  Representatives  well  inform  them 
selves  of  the  true  extent  of  those  rights  and  powers,  and  sacredly 
adhere  to  their  own  rights  as  one  branch  of  the  legislature.  That 
they  zealously  assert  the  rights  of  their  constituents,  the  people  of 
this  province  ;  without  transgressing  the  bounds  of  their  own  pow 
er,  or  invading  the  rights  and  prerogatives  of  the  other  branches  of 
the  Assembly.  And  that  they  endeavor,  that  the  body  of  the  peo 
ple  be  well  acquainted  with  their  own  natural  and  constitutional 
rights  and  privileges  ;  and  the  liberty,  safety,  peace  and  happiness 
which  they  will  not  fail  to  enjoy,  while  the  General  Assembly  is 
protected  in  the  due  exercise  of  their  rights  and  powers,  and  the 


lOi  MASSACHUSETTS  STATE  PAPERS. 

laws  of  the  land  have  their  free  course,  and  are  faithfully  and  im 
partially  executed.  This,  may  it  please  your  Excellency,  being 
our  own  apprehension  of  the  authority  of  the  government,  and  its 
support,  we  shall  always  greatly  rejoice  to  find  your  Excellency 
exciting  and  animating  us  in  the  discharge  of  this  important  duty. 
As  it  would  be  unpardonable  in  us  ever  to  lose  sight  of  it,  your 
Excellency  may  be  assured,  that  we  shall  always  make  the  support 
of  the  authority  of  the  government  one  great  object  of  our  con 
sultations. 

Uupon  ^is  occasion,  we  cannot  forbear  to  observe  to  your  Ex- 
ceTTency,  with  concern,  that  when  the  two  Houses  were  directed 
to  attend  your  Excellency  in  the  Council  Chamber,  at  a  time  when 
none  but  the  General  Assembly  and  their  servants  are  intended  to 
be  present,  his  Honor  the  Lieutenant  Governor  was  pleased  to  ap 
pear  in  General  Assembly,  and  there  to  continue  till  the  House 
returned  to  their  chamber,  while  your  Excellency  was  not  only  in 
the  province,  but  actually  in  the  chair.  We  are  of  opinion  that 
this  conduct  is  not  supportable  by  any  precedent ;  but  should  there 
be  found,  upon  searching  ancient  records,  an  instance  of  the 
kind,  it  is  not  only  in  itself  an  impropriety,  but  repugnant  to  the 
constitution,  and  the  letter  of  the  charter ;  which  declares  the 
great  and  General  Court  to  consist  of  the  Governor  and  Council, 
or  Assistants,  for  the  time  being,  and  such  freeholders  of  the  pro 
vince,  as  shall  be  from  time  to  time  elected  or  deputed,  by  the 
major  part  of  the  freeholders  arid  other  inhabitants,  qualified  by 
the  royal  charter,  to  give  their  votes.  If  the  honorable  gentleman 
was  introduced  by  your  Excellency,  we  apprehend  that  the  hap 
piest  means  of  supporting  the  authority  of  the  government,  or 
maintaining  the  honor  of  the  province,  were  not  consulted  therein. 
But  if  lie  came  in  and  took  a  seat,  of  his  own  motion,  we  are  con 
strained  to  say,  that  it  affords  a  new  and  additional  instance  of 
ambition,  and  a  lust  of  power,  to  what  we  have  heretofore  ob 
served?*) 

If  your  Excellency  in  recommending  to  our  consultations  the 
support  of  the  authority  of  the  government,  intends  that  executive 
power  is  become  weak,  and  calls  for  the  aid  of  the  legislative ; 
and  that  an  ill  temper  and  a  factious  spirit  so  far  prevails  in  the 

*  The  Governor  replied  to  this  part  of  the  Message  from  the  House,  and  contended  for 
the  propriety  of  the  Lieutenant  Governor's  conduct  in  this  case.  The  House  replied  to  the 
Governor's  Message,  and  insisted  that  it  was  highly  improper  in  the  Lieutenant  Governor 
to  take  a  seat  in  Council,  as  he  had  not  been  chosen  a  member,  and  as  the  Chair  of  the  Gover 
nor  was  not  vacant.  They  acknowledged,  that  there  had  been  an  instance  of  this  kind  in 
1702,  when  Povey  was  Lieutenant  Governor.  But  they  statedj  that  Governor  Belcher  had 
expressly  excluded  Tailor  and  Phips,  at  the  time  they  were  Lieutenant  Governors,  from  a 
seat  in  the  Council,  when  they  had  not  been  elected  thereto  by  the  General  Court.  The  Gov 
ernor  still  insisted  the  conduct  of  Mr.  Hutchinson  in  the  affair,  was  correct ;  and  the  latter 
gentleman  also  addressed  a  letter  to  the  Governor,  (which  was  communicated  to  the  House,) 
complaining  of  the  severity  and  partiality  of  the  House,  in  objecting  to  his  taking  a  seat  at 
the  Council  Board.  The  House  then  referred  the  subject  to  the  Council, and  requested  them 
to  give  an  opinion  whether  they  thought  the  Lieutenant  Governor  had  a  right  to  a  seat  at 
the  Board.  They  decided,  unanimously,  that  he  had  not,  "  by  charter,  a  constitutional 
right  to  a  seat  at  the  Board,  either  with  or  without  a  voice."  And  they  added,  "  the 
Board  assure  the  House,  that  they  will  sincerely  endeavor  to  preserve  the  constitutional  and 
charter  rights  of  his  Majesty's  most  loyal  and  dutiful  subjects  of  this  province.'' 


MASSACHUSETTS  STATE  PAPERS.  105 

province,  as  to  require  severer  methods,  we  can,  with  great  satis 
faction,  inform  you  otherwise.  Your  Excellency  may  be  assured 
that  a  disposition  in  the  people  to  yield  all  due  obedience  to  his 
Majesty's  authority  and  the  laws  of  this  province,  renders  it  alto 
gether  unnecessary  that  any  extraordinary  methods  should  be 
taken  for  that  purpose.  And  as  the  welfare  of  the  people  so  much 
depends  upon  it,  we  have  just  reason  to  expect  that  every  branch 
of  the  legislature  will  take  the  most  effectual  measures  to  remove 
from  the  mind  of  our  Sovereign  such  unfavorable  sentiments  of  the 
province,  as  may  have  been  occasioned  by  the  malignant  whispers 
of  its  enemies. 

We  cannot  promise  your  Excellency  that  there  shall  be  no  dis 
agreement  or  diversity  of  sentiments  in  matters  of  importance 
that  may  come  before  the  General  Court ;  this  is  scarcely  to  be 
expected  in  a  free  assembly.  In  such  cases,  this  House,  as  they 
ever  have,  will  still  consider  their  own  honor  concerned,  to  debate 
with  candor,  and  to  decide  with  judgment.  While  the  true  end 
of  government  is  kept  in  view,  and  invariably  pursued  in  the 
several  departments  of  it,  the  honor  of  the  province  and  the  wel 
fare  of  the  people  will  be  maintained  and  promoted,  and  there  can 
be  no  room  for  dissatisfaction. 

Had  your  Excellency  any  command  from  his  Majesty  to  lay 
before  us,  we  should  attend  to  it  with  the  utmost  loyalty  and  re 
spect  ;  being  fully  persuaded  that  our  gracious  Sovereign  will 
require  of  us  nothing  but  what  is  just  and  wise.  When  you  shall 
be  pleased  to  communicate  to  us  any  proposal  of  your  own,  we  shall 
duly  consider  its  nature,  importance  and  tendency,  and  act  agree 
ably  to  the  best  light  of  our  own  understanding. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR, 

JANUARY  30, 1767. 

THE  House  of  Representatives  beg  to  be  informed  by  your 
Excellency,  whether  ai:y  provision  has  been  made,  at  the  expense 
of  this  government,  for  his  Majesty's  troops  lately  arrived  in  this 
harbor,  and  by  whom  ?  And  also  whether  your  Excellency  has 
reason  to  expect  the  arrival  of  any  more  to  be  quartered  in  this 
province  ? 

14 


106  MASSACHUSETTS  STATE  PAPERS, 


THE  FOLLOWING  MESSAGE  WAS  RECEIVED  FROM  HIS  EXCELLENCY, 
IN  ANSWER  TO  THE  ABOVE. 

Gentlemen  of  the  House  of  Representatives) 

IN  answer  to  your  message  of  this  day,  I  send  you  a  copy  of 
the  minutes  of  Council,  by  which  provision  for  the  artillery  com 
pany  at  the  Castle,  in  pursuance  of  the  late  act  of  Parliament,  was 
made. 

I  intended  to  lay  the  matter  before  you,  and  had  given  orders 
for  an  account  of  the  present  expenses  to  be  made  out  for  that 
purpose,  which,  having  received  since  your  message  came  to  me, 
I  hereby  communicate. 

I  have  received  no  advice  whatever  of  any  other  troops  being 
quartered  in  this  province ;  nor  have  I  any  reason  to  expect  the 
arrival  of  such,  except  from  common  report,  to  which  I  give  little 
credit.  FRA.  BERNARD. 


MESSAGE 

M  THE    HOUSE  OF    REPRESENTATIVES,  TO  THE  GOVERNOR, 
FEBRUARY  4,  1767. 

May  it  please  your  Excellency, 

[N  reply  to  your  message  of  the  50th  of  January,  the  House 
of  Representatives  beg  leave  to  observe,  that  it  is  by  virtue  of  the 
royal  charter  alone,  that  the  Governor  and  Council  have  any  au 
thority  to  issue  money  out  of  the  treasury,  and  that  only  according 
to  such  acts  as  are,  or  may  be,  in  force  within  this  province.  This 
clause  was  intended  to  secure  to  the  House  of  Representatives 
the  privilege  of  originating,  granting,  and  disposing  of  taxes.  But 
we  apprehend  it  would  be  of  very  little  value  and  importance,  if 
it  should  become  a  settled  rule  that  the  House  are  obliged  to  im 
pose  and  levy  assessments,  rates,  and  taxes  upon  the  estates  or 
persons  of  their  constituents,  for  the  payment  of  such  expenses  as 
may  be  incurred  by  virtue  of  an  order  of  the  Governor  and  Coun 
cil,  without  the  knowledge  and  consent  ot  the  House.  Your 
Excellency,  therefore,  in  giving  orders,  with  the  advice  of  the 
Council,  for  making  provision  tor  the  artillery  companies  at  the 
Castle,  acted,  in  an  essential  point,  contrary  to  the  plain  intention 
of  the  charter  of  the  province,  wherein  the  powers  of  the  several 
branches  of  the  General  Assembly  are  declared  and  limited.  If. 
however,  there  was  an  urgent  necessity  for  this  procedure,  in  the 


MASSACHUSETTS    STATE    PAPERS.  107 

recess  of  the  Court,  we  are  very  much  surprised,  that  your  Excel 
lency  should  suffer  the  whole  of  the  last  session  of  the  General 
Assembly  to  pass  over  without  laying  this  matter  before  us  ;  and 
that  it  was  again  omitted,  in  the  present  session,  till  the  House 
had  waited  upon  your  Excellency  with  their  message.  It  is  the 
just  expectation  of  this  House,  founded  in  the  principles  of  the 
constitution,  to  have  the  earliest  notice  of  a  matter  of  this  nature  ; 
and  we  cannot  but  remonstrate  to  your  Excellency,  that  the  omis- 
siftD^pf  *t  was  a  breach  of  our  privileges. 

QTut,  may  it  please  your  Excellency,  it  is  still  more  grievous  to 
us  to  find  your  Excellency  making  mention  of  a  late  act  of  Parlia 
ment,  in  pursuance  of  which  your  Excellency  and  the  Council 
have  created  this  expense  to  the  province.  ^One  great  grievance 
in  regard  to  the  stamp  act  was,  that  it  deprived  us  of x the  advan 
tage  of  a  fundamental  and  most  essential  part  of  the  British  con 
stitution,  the  unalienable  right  of  freedom  from  all  taxation,  but 
such  as  we  shall  voluntarily  consent  to  and  grant.  While  we  feel 
a  sense  of  the  worth  and  importance  of  this  right,  we  cannot  but 
express  concern  that  an  act  of  Parliament  should  yet  be  in  being, 
which  appears  to  us  to  be  as  real  a  grievance,  as  was  that  which 
so  justly  alarmed  this  continenJJ  Your  Excellency  and  the  Coun 
cil,  by  taking  this  step,  have  unwarrantably  and  unconstitutionally 
subjected  the  people  of  this  province  to  an  expense  without  giving 
this  House  an  opportunity  of  passing  their  judgment  upon  it ;  and 
have  also  put  it  out  of  our  power,  by  an  act  of  our  own,  to  testi 
fy  the  same  cheerfulness  which  this  Assembly  has  always  shown  in 
granting  to  his  Majesty  *.  f  their  free  accord,  such  aids  as  his  Majes 
ty's  service  has  from  time  to  time  required. 

[The  committee  who  reported  this  message,  were  Mr.  Gushing? 
(the  Speaker,)  Mr.  Otis,  Maj.  Hawley,  Capt.  Sheafte,  Mr.  Adams^ 
Mr.  Dexter,  and  Col  Ward.] 


MESSAGE 

OF  GOVERNOR  BERNARD,  TO   THE  HOUSE  OF  REPRESENTATIVE^ 
FEBRUARY  17,  1767. 

Gentlemen  of  the  House  of  Representatives, 

THE  charges  against  me  and  the  Council,  contained  in  your 
message  of  the  4th  instant,  have  had  a  full  consideration  ;  the  re 
sult  of  which  is,  that  the  proceedings  in  making  provisions  for  the 
King's  troops,  lately  arrived  here,  appear  to  be  constitutional  and 
warrantable  ;  and  are  justified  not  only  by  the  usage  of  this  gov 
ernment,  but  by  the  authority  of  the  General  Cpurt  itself. 


108  MASSACHUSETTS  STATE  PAPERS. 

The  barracks  at  the  Castle  were  built  by  order  of  the  General 
Court,  for  the  reception  of  the  King's  troops,  when  they  should  ar 
rive  here,  that  there  might  be  no  occasion  for  quartering  them  upon 
the  inhabitants.  Fuel  and  candles  are  necessary  to  the  occupation 
of  barracks ;  without  them,  no  troops  could  go  in,  or  stay  there  ; 
it  being  an  allowance  always  incidental  to  their  living  in  barracks. 
When,  therefore,  the  General  Court  ordered  these  barracks  to  be 
built  for  troops,  it  must  have  been  implied,  that  the  incidental  ne 
cessaries  should  be  provided  for  the  troops,  when  they  went  into 
them.  Otherwise,  we  must  suppose,  that  the  General  Court  did 
not  intend  that  the  barracks  should  be  applied  to  the  use  for  which 
they  were  built. 

The  manner  of  making  the  provision,  and  the  provision  itself, 
were  agreeable  to  the  usage  of  this  government,  in  the  like  cases. 
It  consisted  of  fuel  and  candles  only,  which  are  absolutely  neces 
sary,  and  always  have  been  allowed  in  these  barracks  ;  and  it  did 
not  include  several  articles  prescribed  by  the  act  of  Parliament; 
and  therefore,  it  was  wholly  conformable  to  the  usage  of  the  gov 
ernment  and  the  necessity  of  the  case,  but  to  the  act  only,  as  it 
coincided  with  it.  If  there  had  been  no  such  act,  the  Council 
would  have  thought  themselves  obliged  to  advise  the  ordering  this 
provision,  as  it  was  necessary  to  the  use  of  the  barracks  ;  it  being 
their  duty,  in  the  recess  of  the  General  Court,  to  assist  me  in  car 
rying  into  execution,  by  the  usual  means,  an  establishment  pro 
vided  for  the  convenience  of  the  people. 

As  to  your  complaint  against  me,  for  not  laying  this  matter 
before  you,  during  the  whole  of  the  last  session,  and  part  of  this, 
I  shall  only  state  the  facts,  and  leave  it  there.  What  you  call 
the  whole  of  the  last  session,  was  only  the  six  last  days  of  it,  when 
you  met  after  an  adjournment,  to  pass  upon  the  compensation  bill. 
As  soon  as  you  had  finished  that  business,  you  desired  me  to  grant 
you  a  recess.  I  did  so  5  and  told  you  at  the  same  time,  that,  upon 
that  account,  I  had  postponed  all  other  business  to  the  next  ses 
sion.  As  to  the  part  of  this  session,  it  was  not  forty -eight  hours  ; 
and  within  that  time,  I  had  given  orders  for  making  out  an  account 
of  the  expense  of  the  provision,  in  order  to  lay  it  before  you,  and  I 
actually  received  it  within  two  hours  after  I  had  your  message. 
This  is  the  whole  of  what  you  call  an  omission  in  breach  of  your 
privileges.  FRA.  BERNARD. 


MASSACHUSETTS   STATE    PAPERS.  109 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OI 
REPRESENTATIVES,  MAY  28,  1767. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

AT  the  opening  of  this  session,  I  have  nothing  from  the  im 
mediate  command  of  his  Majesty  to  lay  before  you.  I  therefore 
cannot  employ  the  present  opportunity  better  than  by  recommend 
ing  to  you  to  endeavor  to  restore  to  this  General  Court  the  mutual 
confidence  and  unanimity  which  prevailed  in  it  until  they  were 
interrupted  by  the  late  popular  uneasiness.  And  I  must,  at  the 
same  time,  assure  you,  that  I  shall  heartily  concur  with  you  in  all 
measures  which  shall  be  conducive  to  so  salutary  an  end. 

I  do  not,  however,  mean  to  decline  the  full  exercise  of  the  con 
stitutional  powers  with  which  I  am  vested  :  they  are  derived  from 
the  same  fountain  with  your  own  privileges ;  and  therefore  I  trust 
that  the  free  use  of  them  can  never  give  just  cause  of  offence.  But, 
as  I  desire  to  temper  my  authority  with  all  possible  moderation,  I 
shall  be  obliged  to  you  for  every  opportunity  you  shall  give  me  to 
make  evident  this  disposition. 

The  business  of  this  session  is  generally  short,  and  the  season  of 
the  year  requires  that  it  should  be  so.  You  must  have  observed 
how  very  expensive  unnecessary  disputation  is  ;  and  therefore,  I 
hope  you  will  avoid  it,  that  the  public  business  may  be  done  with 
all  proper  despatch,  and  you  may  return  to  your  homes  as  soon  as 
well  may  be.  FRA.  BERNARD. 

[The  Governor  objected  to  J.  Gerrish,  T.  Saunders,  Col.  Otis1, 
J.  Bowers,  and  S.  Dexter,  who  had  been  elected  Counsellors.  The 
House  immediately  appointed  them  a  committee  to  introduce  to 
the  Governor  two  gentlemen  chosen  Counsellors  from  their  body.] 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 

MAY  28,  1767. 

Gentlemen  of  the  House  of  Representatives, 

THIS  morning  Ensign  Dalrymple,  of  the  14th  regiment  of  foot, 
informed  me  that  he  was  just  arrived  from  Scotland,  with  twenty- 
seven  recruits  for  said  regiment,  and  praying  that  I  would  order 
quarters  to  be  assigned  for  them.  I  accordingly  ordered,  that  they 


110  MASSACHUSETTS    STATE    PAPERS. 

should  be  received  into  the  barracks  at  the  Castle;  and  I  laid  the 
matter  before  the  Council,  and  asked  their  advice  concerning  the 
ordering  the  usual  allowances^for  these  men,  while  they  remain  in 
the  barracks.  The  Council  have  advised  me,  as  the  House  is  now 
sitting,  to  communicate  this  matter  to  the  House,  which  I  do,  ac 
cordingly  ;  and  desire  that  you  will  take  order  that  proper  pro 
vision  be  made  for  these  men,  while  they  remain  in  the  barracks. 

FRA.  BERNARD. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR'S  SPEECH, 
JUNE  2,  1767. 

Jlfay  it  please  your  Excellency, 

HAVING  duly  considered  your  speech  at  the  opening  of  this 
session,  the  House  of  Representatives  beg  leave,  with  great  sin 
cerity,  to  say,  that  there  is  nothing  which  they  more  ardently  wish 
for,  than  a  mutual  confidence  in  the  several  branches  of  the  Gen 
eral  Assembly,  and  a  happy  unanimity  in  such  measures  as  shall 
best  promote  the  prosperity  of  his  Majesty's  government,  and  the 
peace  and  welfare  of  his  subjects  of  this  province.  At  the  same 
time,  we  must  freely  declare  to  your  Excellency,  that  during  the 
whole  period  of  that  general  calamity  and  distress,  which  you 
chose  to  denominate  a  popular  uneasiness,  we  do  not  recollect  a 
single  act  done  by  the  representative  body  of  this  province,  which 
could  have  the  least  tendency  to  interrupt  a  general  harmony,  so 
essentially  necessary  for  the  valuable  purposes  of  government. 
Nor  can  it,  in  our  opinion,  without  great  injustice,  be  supposed, 
that  had  there  been,  in  reality,  nothing  more  than  a  groundless, 
popular  uneasiness,  it  would  have  been  suffered  to  intermix  with 
their  public  councils,  and  occasion  a  breach  of  confidence. 

We  are  obliged  to  say  that  there  is  the  deepest  concern  among 
the  people  of  this  province  ;  that  after  they  have  shewn  every  pos 
sible  mark  of  loyalty,  it  has  yet  been  represented  to  his  Majesty, 
that  a  degree  of  ill  temper  remains  in  his  colony  of  Massachusetts 
Bay.  The  letter  from  the  Secretary  of  State,  (Lord  Shelburne) 
which  your  Excellency  communicated  to  the  last  Assembly,  leaves 
110  room  to  doubt  but  that  such  representation  has  been  made.* 
Permit  us,  sir,  just  to  observe,  that  nothing  will  tend  more  to 
conciliate  the  minds  of  this  people,  than  to  give  us  the  opportunity 

*  Governor  Bernard  had  often  complained  to  the  British  ministry,  before  this  period,  as 
fee  continued  afterwards  to  do,  that  the  province  was  in  a  state  of  rebellion,  and  could  not 
be  governed,  but  by  a  military  force.  He  recommended  arbitrary  measures,  and  ur^ed  to' 
tte  appointment  of  Counsellors  by  the  Crown,  &<;, 


MASSACHUSETTS   STATE   PAPERS.  Ill 

to  make  it  evident  to  our  constituents,  that  you  have  had  no  hand 
in  such  representation.  Such  a  measure  might  tend  to  remove 
that  concern,  and  to  restore  unanimity  to  this  General  Court ; 
and  we  rely  on  that  assurance  you  have  given  us,  that  you  will 
heartily  concur  with  us  in  all  measures  which  shall  be  conducive 
to  so  salutary  a  purpose. 

You  are  pleased  to  make  an  open  and  express  declaration,  that 
you  do  no£  mean  to  decline  the  full  exercise  of  the  constitutional 
powers  with  which  you  are  vested.  We  are  fully  convinced  of  it ; 
nor  have  we  the  least  desire  that  you  should  ever  decline  the  full 
exercise  of  those  powers.  Your  Excellency,  however,  will  allow 
us  to  say,  that  there  is  such  a  thing  as  an  indiscreet  use  of  legal 
power,  of  which  this  House  have  a  right  to  form  their  own  judg 
ment. 

Your  Excellency  tells  us,  you  desire  to  temper  your  authority 
\vith  all  proper  moderation.  Whether  you  have  not  already,  since 
the  opening  of  this  session,  missed  the  fairest  opportunity  of  mak 
ing  evident  such  a  disposition,  is  a  matter  that  is  now  open  to  the 
judgment  of  the  world. 

You  have  not  been  pleased  to  point  out  the  business  of  this  ses 
sion,  but  strongly  recommend  to  us  to  shorten  it,  as  the  season  of 
the  year  requires.  We  are  sensible  there  are  matters  that  imme 
diately  concern  his  Majesty's  government  of  this  province,  which 
properly  now  come  before  us.  These  we  shall  despatch  in  as 
short  a  time  as  will  admit  of  a  due  deliberation  upon  them.  Un 
necessary  disputation  we  shall  avoid.  (Your  Excellency  tells  us, 
we  must  have  observed  how  very  expensive  it  is.  If  you  refer  to 
the  disputes  of  the  last  year,  we  do  not  judge  them,  so  far  as  we 
have  observed,  to  have  been  unnecessary,  or  protracted  beyond 
due  bounds.  We  are  sorry  there  was  occasion  given  for  them  ; 
but,  in  our  opinion,  the  late  House  of  Representatives  are  not 
chargeable  with  it.  As  the  rights  of  this  people  are  now  entrusted 
to  us,  it  is  our  indispensable  duty  to  maintain  and  defend  them. 
We  hope  none  of  them  will  be  drawn  into  question;  but  should 
that  be  the  case,  we  are  bound  in  conscience  to  contend  for  them  ; 
and  therefore  we  shall  not  think  the  dispute  on  our  part  unneces 
sary,  or  the  time  employed  in  it  mispentj 

[The  committee  who  reported  this  answer  were,  Major  Hawley, 
Mr,  Otis,  Col.  Brown,  Col.  Bowers,  Mr.  Adams,  Cx)l.  Partridge, 
and  Mr.  Dexter.] 


112  MASSACHUSETTS  STATE  PAPERS. 


RESOLVE 

OF  THE  GENERAL  COURT,  MAKING  PROVISION  FOR  THE  REGULAR  TROOPS; 
C^  REFERRED  TO  IN  THE  GOVERNOR'S  MESSAGE,  MAY  18,  JUNE  16,  1767. 

IN  the  House  of  Representatives  ;  his  Excellency  the  Gover- 
nor  having,  by  a  message  of  the  28th  of  May  last,  acquainted  the 
House  of  the  arrival  of  twenty-seven  recruits,  under  the  command 
of  Ensign  Dalrymple,  of  his  Majesty's  fourteenth  regiment  of  foot, 
now  at  Halifax,  and  having  desired  that  the  House  would  take  or 
der  that  proper  provision  might  be  made  for  them — 

Resolved,  that  such  provision  be  made  for  these  men,  while  they 
remain  here,  as  has  been  heretofore  usually  made  for  his  Majesty's 
regular  troops,  when  occasionally  in  this  province  ;  and  that  the 
Commissary  General  be,  and  he  is  hereby  directed  to  see  that  this 
resolve  be  put  in  execution. 


[The  speech  of  Governor  Bernard,  at  the  opening  of  the  Janu 
ary  session,  1768,  related  entirely  to  the  running  of  the  line  be 
tween  this  province  and  New  York  5  and  New  Hampshire  and 
Maine.] 


RESOLVE 

OF  THE  HOUSE,  CONCERNING   THEIR  CIRCULAR  LETTER  TO   THE  ASSEM 
BLIES  OF  OTHER  COLONIES,  FEBRUARY  13,  1768. 

WHEREAS  this  House  has  directed,  that  a  letter  be  sent  to  the 
several  Houses  of  Representatives  and  Burgesses  of  the  British 
colonies  on  the  continent,  setting  forth  the  sentiments  of  the  House, 
with  regard  to  the  great  difficulties  that  must  accrue  by  the  opera 
tion  of  divers  acts  of  Parliament,  for  levying  duties  and  taxes  on 
the  colonies,  with  the  sole  and  express  purpose  of  raising  a  rev 
enue,  and  their  proceedings  thereon,  in  a  humble,  dutiful  and  loyal 
petition  to  the  King,  and  such  representations  to  his  Majesty's 
ministers,*  as  they  apprehend  may  have  a  tendency  to  obtain 
redress  :  and  whereas,  it  is  the  opinion  of  this  House,  that  all 
effectual  methods  should  be  taken  to  cultivate  harmony  between  the 
several  branches  of  this  government,  as  being  necessary  to  promote 
the  prosperity  of  his  Majesty's  government  in  the  province  ; 

Resolved,  That  Mr.  Otis,  Col.  Preble,  Col.  Brown,  Mr.  Say- 

*  These  documents  will  be  found  below  in  this  volume. 


MASSACHUSETTS    STATE    PAPERS.  113 

ward,  and  Mr.  Hall,  be  a  committee  to  wait  on  his  Excellency  the 
Governor,  and  acquaint  him  that  a  copy  of  the  letter  aforesaid, 
will  be  laid  before  him,  as  well  as  of  all  the  proceedings  of  this 
House  relative  to  said  affair,  if  he  shall  desire  it:  and  that  said 
committee  humbly  request,  that  his  Excellency  would  be  pleased 
to  favor  the  House  with  a  copy  of  the  letter  from  the  right  honora 
ble  the  Earl  of  Shelburne,  lately  read  to  the  House  by  order  of  his 
Excellency,  and  his  own  letters  to  which  it  refers.* 


MESSAGE 

FROM  GOVERNOR  BERNARD,  TO  THE  HOUSE  OF  REPRESENTATIVES,  IN 
REPLY  TO  THE  FOREGOING,  FEBRUARY  16,  1768. 

Gentlemen  of  the  House  of  Representatives, 

IN  answer  to  your  message  of  the  13th  instant,  I  find  it  neces 
sary  to  inform  you,  that  soon  after  the  letter  of  the  Earl  of  Shel 
burne  was  read  in  your  House,  I  ordered  a  copy  of  it  to  be  given 
to  the  Speaker,  to  be  used  as  he  should  think  fit,  upon  condition  that 
no  other  copy  should  be  taken  thereof.  I  am  very  willing  that 
the  copy  in.  the  Speaker's  hands  should  be  communicated  to  you, 
in  any  manner  which  is  consistent  with  that  restriction. 
Qtknow  of  no  letters  of  my  own  wRich  I  think  can  be  of  any  use 
to  you  upon  this  occasion^ 

I  quite  agree  with  you,  in  opinion,  that  all  effectual  methods 
should  be  taken  to  cultivate  harmony  between  the  several  branches 
of  the  legislature  of  this  government,  as  being  necessary  to  promote 
the  prosperity  of  the  province  ;  and  I  shall  cheerfully  join  with 
you  in  all  proper  measures  for  so  salutary  a  purpose. 

FRA.  BERNARD. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR'S  MESSAGE, 
FEBRUARY  18,  17158. 

May  it  please  your  Excellency , 

YOUR  message  of  the  16th  instant  has  been  read,  and  duly  con 
sidered,  in  the  House  of  Representatives.  The  manner  in  which 
your  Excellency  was  pleased  to  introduce  into  this'  House  the  let- 

*  This  letter  was  afterwards  reluctantly  laid  before  tke  House  by  the  Governor ,  and  will 
be  found  in  this  volume  below. 

15 


114:  MASSACHUSETTS    STATE    PAPERS. 

ter  from  the  right  honorable  the  Earl  of  Shettwrne  by  giving  orders 
to  the  Secretary  to  read  it  without  leaving  a  copy,  appeared  to  be 
unprecedented  and  unparliamentary.  But  this  made  but  a  light 
impression  on  the  House,  when  the  members  recollected,  as  far  as 
they  could,  the  unfavorable  sentiments  his  Lordship  thought  him 
self  necessitated  to  entertain  of  the  two  Houses  of  this  Assembly, 
and  of  some  particular  members  in  this  House,  whose  characters  in 
the  opinion  or  the  House,  stand  unimpeachable.  Under  this  ap 
prehension,  they  thought  it  necessary,  for  their  own  vindication, 
humbly  to  request  your  Excellency  to  favor  them  with  a  copy  of 
his  Lordship's  letter ;  and  as  it  appeared  to  them  that  his  Lordship 
had  formed  his  sentiments  of  the  two  Houses,  and  their  members, 
from  your  own  letters  to  which  he  referred,  the  House  thought  they 
could  nfct  do  themselves  and  their  members  justice,  unless  they 
could  be  favored  with  a  sight  of  them  also,  and  accordingly  re- 
quegted  it  of  your  Excellency. 

(You  are  pleased  to  say  that  you  know  of  no  letters  of  your  "  own 
that  you  think  can  be  of  any  use  to  the  House  upon  this  occasion. ;> 
The  House  did  not  in  their  vote  or  message  say  what  occasion 
they  had  to  request  them.  But  when  his  Lordship  expressly  says, 
that  it  appears  from  your  several  letters,  that  your  negativing  coun 
sellors  in  the  late  elections  was  done  with  due  deliberation  and 
judgment,  it  is  natural  for  the  House  to  conclude  that  your  Excel- 
Jency  had  thought  it  convenient  to  give  his  Lordship  the  particular 
reasons  you  had  for  a  measure  so  rare  and  extraordinary.  These 
reasons  seem  to  have -prevailed  to  justify  your  Excellency  ;  for  his 
Lordship  acquaints  you  that  his  Majesty  is  graciously  pleased  to 
approve  of  your  having  exerted  the  power  lodged  in  you  by  the 
constitution  of  the  province.  But  unfortunately  for  the  two  Houses, 
his  Lordship  passes  a  different  judgment  upon  their  conduct,  and 
takes  occasion  to  applaud  the  wisdom  of  those  who  framed  the 
charter,  in  providing  that  a  power  should  be  placed  in  the  Gov 
ernor  as  an  occasional  check  upon  any  indiscreet  use,  of  the  right 
of  electing  counsellors.  It  evidently  appears  from  this  passage 
that  his  Majesty's  minister  has  conceived  an  opinion  of  the  two 
Houses  as  having  made  an  indiscreet  use  of  a  charter  right.  The 
House  were  willing  to  be  convinced  that  this  opinion  and  other 
Sentiments  expressed  in  his  Lordship's  letter,  which  imply  an  hig!> 
censure  upon  the  two  Houses,  and  upon  particular  members  of 
this  House,  were  rather  inferences  drawn  from  your  letters,  in 
which  his  Lordship  might  be  liable  to  mistake,  than  the  direct  ex 
pressions  of  it.  Had  your  Excellency  been  pleased  to  have  favored 
them  with  the  copies,  they  might  have  been  of  use  upon  the  occa 
sion,  and  satisfactory  to  the  House.  But  as  you  have  thought 
proper  to  refuse  them,  they  are  left  to  conjecture  with  all  possible 
candor,  and  appeal  to  the  worldlf 

His  Lordship  is  induced  to  believe  that  the  Assembly  have  made 
an  indiscreet  use  of  their  right  of  choosing  counsellors  to  the  ex^ 


M-ASSACHUSETTS    STATE    PAPERS,  115 

elusion  of  the  principal  officers  of  government  from  the  Board, 
whose  presence  there  as  counsellors,  so  manifestly  tends  to  facili 
tate  the  course  of  public  business,  and  who  have  therefore  been  be 
fore  this  period  usually  elected  ;  and  that  they  have  thus  exerted 
their  right  with  a  far  different  intention  from  that  of  promoting  the 
reestablishment  of  tranquility,  and  evincing  the  duty  and  attach 
ment  of  the  colony  towards  Great  Britain.  The  House  would  be 
glad  to  justify  this  construction  of  his  Lordship's  letter,  which  is 
nearly  in  the  words  of  it,  by  publishing  it  in  their  journals,  but 
that  is  inconsistent  with  your  Excellency's  restrictions.  This  is 
not  the  first  time  that  his  Majesty's  ministers,  and  even  his  Majes 
ty  himself,  after  having  had  before  him  your  Excellency's  letters 
and  the  inclosures,  has  thought  it  necessary  to  form  an  opinion  of 
his  loyal  subjects  of  this  province,  as  having  a  degree  of  ill  temper 
prevailing  among  them.  And  your  Excellency  cannot  be  insensible 
that  the  present  House  have  heretofore,  for  the  sake  of  conciliat 
ing  the  minds  of  the  people,  and  restoring  a  unanimity  to  this 
General  Conrt,  requested  your  Excellency  to  give  them  the  op 
portunity  of  making  it  evident  to  their  constituents  that  your  let 
ters  had  no  tendency  to  induce  such  an  opinion  :  and  the  House 
still  think  that  nothing  would  tend  more  to  promote  the  salutary 
purpose  of  cultivating  an  harmony  between  the  several  branches  of 
this  legislature,  in  which  your  Excellency  expresses  a  disposition 
cheerfully  to  join  with  the  House,  than  an  open  aud  unreserved 
explanation  to  each  other.  For  this  purpose  the  House,  in  their 
message,  assured  you  that  they  were  ready  to  lay  before  you  their 
humble  petition  to  his  Majesty,  and  their  representations  to  his 
ministers,  with  all  their  other  proceedings  upon  the  important  mat 
ters  that  have  been  before  them,  at  the  same  time  they  made  their 
reasonable  request  of  your  Excellency's  letters. 

After  having  recited  so  great  a  part  of  the  sentiments  of  his  Lord 
ship's  letter,  no  one  can  be  astonished  at  the  conclusion  he  is 
pleased  to  make ;  that  under  such  circumstances  it  cannot  be  sur 
prising,  that  his  Majesty's  Governor  exerts  the  right  entrusted  to 
him  by  the  same  constitution,  to  the  purpose  of  excluding  those 
from  the  council,  whose  mistaken  zeal  may  have  led  them  into  im 
proper  excesses,  and  whose  private  resentments  (and  his  Lordship 
adds,  he  should  be  sorry  to  ascribe  to  them  motives  still  more 
blameable)  may  in  your  opinion  further  lead  them  to  embarrass 
the  administration,  and  endanger  the  quiet  of  the  province.  Surely 
his  Lordship  would  never  have  passed  such  a  censure  upon  the  two 
Houses  of  Assembly,  nor  upon  particular  gentlemen,  altogether 
strangers  to  him,  but  upon  what  he  thought  to  be  the  best  authority. 
It  is  far  beneath  his  character  and  dignity  to  give  credit,  or  even 
to  hearken  to  any  account  so  prejudicial  to  the  reputation  of  the 
province,  and  of  particular  persons,  but  what  he  receives  from 
gentlemen  in  the  highest  stations  in  it.  Your  Excellency,  then, 
must  allow  the  House  to  believe,  until  they  shall  be  convinced  to 


116  MASSACHUSETTS  STATE  PAPERS. 

the  contrary,  that  your  several  letters,  to  which  his  Lordship  re 
fers,  are  so  fully  expressed,  as  to  have  lef  this  Lordship  no  room  to 
suspect  that  he  could  be  mistaken. 

In  such  a  case,  your  Excellency  cannot  think  that  the  House 
can  remain  in  silence.  They  recommend  to  their  injured  mem 
bers  a  becoming  calmness  and  fortitude  ;  and  take  this  occasion 
to  bear  testimony  to  their  zeal  for  the  honor  of  their  King,  and 
the  rights  of  their  constituents.  But  the  character  of  the  people 
whom  this  House  represent,  as  well  as  their  own  honor,  is  at  stake, 
and  requires  them  to  take  every  prudent  measure  for  their  own 
vindication.  The  House  are  truly  sorry  that  this  new  occasion  of 
mistrust  and  jealousy  has  happened;  but  they, can  never  be  so 
wanting  to  themselves,  as  to  omit  the  opportunity  of  removing 
from  his  Lordship's  mind,  the  unfavorable  impressions  which  ap 
pear  by  his  letter ;  and  what  is  of  much  greater  importance  to 
them,  of  standing  before  their  Sovereign  in  their  own  just  charac 
ter  of  loyal  subjects. 


MESSAGE 

FROM  THE  GOVERNOR,  BY  THE  SECRETARY,  TO  THE  HOUSE  OF  REPRE 
SENTATIVES,  IN  REFERENCE  TO  THE  ABOVE,  .FEBRUARY  22,  1768. 

Mr.  Sfieaker, 

I  AM  ordered  by  his  Excellency  to  inform  you,  that,  as  this 
House  has  thought  fit  to  permit  their  message  of  February  18th, 
containing  extracts  from  the  Secretary  of  State's  letter,  with  ob 
servations  upon  it,  to  be  printed  in  a  common  newspaper,  it  is  to 
no  purpose  to  continue  the  restriction  against  granting  copies  of* 
such  letters.  He  therefore,  consents,  that  it  may  be  entered  on 
the  journals  of  the  House.* 

*  February  24.  The  House  passed  the  following  resolve :  Whereas  his  Excellency  the  Gov 
ernor,  in  his  message  to  this  House,  by  the  Secretary,  the  16th  inst.  \vas  pleased  to  signify  his 
apprehension,  that  the  House  thought  fit  to  permit  their  message  of  the  18th,  containing  ex 
tracts  from  the  Secretary  of  State's  letter,  with  observations  upon  it,  to  be  published  in  a 
common  newspaper  ;  which,  if  it  be  not  explained,  may  induce  his  Excellency  further  to  ap 
prehend,  that  the  House  are  in  breach  of  confidence  w  ith  regard  to  the  restrictions  he  was 
S' eased  to  lay  them  under,  when  he  consented  that  the  said  letter  should  be  perused  in  the 
ouse:  Resolved,  as  the  opinion  of  this  House,  that  in  order  to  make  a  pertinent  and  f til! 
answer  to  his  Excellency's  message  of  the  16th,  it  was  necessary  to  recite  some  parts  of  his 
Lordship's  letter :  but  that  this  House  took  no  order  with  regard  to  the  publishing  of  their 
Hiessage  containing  such  recital,  in  a  common  newspaper. 


MASSACHUSETTS  STATE  PAPERS.  117 


LETTER 

JFROM  LORD  SHELBURNE,  TO  GOVERNOR  BERNARD,  COMMUNICATED  TO  THE 
HOUSE,  FEBRUARY,  1768. 

Whitehall,  September  17,  1767. 

SIR, 

I  HAVE  the  pleasure  to  signify  to  you  his  Majesty's  approbar 
tion  of  your  conduct,  and  to  acquaint  you  that  he  is  graciously 
pleased  to  approve  of  your  having  exerted  the  power  lodged  in 
you,  by  the  constitution  of  the  province  of  Massachusetts  Bay,  of 
iiegativing  counsellors  in  the  late  election,  which  appears  from 
your  several  letters,  to  have  been  done  with  due  deliberation  and 
judgment. 

Those  who  framed  the  present  charter,  very  wisely  provided, 
that  this  power  should  be  placed  in  the  Governor,  as  an  occasional 
check  jipon  any  indiscreet  use  of  the  right  of  electing  counsellors, 
which  was  given  by  charter,  to  the  Assembly,  which  might,  at 
certain  periods,  by  an  improper  exercise,  have  a  tendency  to  dis 
turb  the  deliberations  of  that  part  of  the  legislature,  from  whom 
the  greatest  gravity  and  moderation  is  more  peculiarly  expected. 
As  long,  therefore,  as  the  Assembly  shall  exert  their  right  of  elec 
tion,  to  the  exclusion  of  the  principal  officers  of  government  from 
the  Council,  whose  presence  there,  as  counsellors,  so  manifestly 
tend  to  facilitate  the  course  of  public  business,  and  who  have 
therefore  been,  before  this  period,  usually  elected,  and  while  in 
particular,  they  exclude  me.n  of  such  unexceptionable  characters, 
as  both  the  present  Lieutenant  Governor  and  Secretary,  undoubt 
edly  are,  and  that  too,  at  a  time  when  it  is  more  peculiarly  the 
duty  of  all  parts  of  the  government  to  promote  the  reestablishment 
of  tranquility,  and  not  forego  the  least  occasion  of  evincing  the 
duty  and  attachment  of  the  colony  towards  Great  Britain.  It 
cannot,  under  such  circumstances,  be  surprising,  that  his  Majesty's 
Governor  exerts  the  right  entrusted  to  him  by  the  same  constitu 
tion,  to  the  purpose  of  excluding  those  from  the  Council,  whose 
mistaken  zeal  may  have  led  them  into  improper  excesses,  and 
whose  private  resentments  (I  should  be  sorry  to  ascribe  to  them 
motives  still  more  blameable,)  may,  in  your  opinion,  further  lead 
them  to  embarrass  the  administration,  and  endanger  the  quiet  of 
the  province. 

The  dispute,  which  has  arisen  about  the  Lieutenant  Governor's 
being  present,  without  a  voice,  at  the  deliberations  of  the  Council, 
is  no  otherwise  important,  than  as  it  tends  to  show  a  warmth  in 
the  House  of  Representatives,  which  I  am  very  sorry  for.  The 
question  concerning  his  admission,  seems  to  lie  in  the  breasts  of 
the  Council  only,  as  being  the  proper  judges  of  their  own  privil- 


118  MASSACHUSETTS  STATE  PATPERS. 

eges,  and  as  having  the  best  right  to  determine  whom  they  will 
admit  to  be  present  at  their  deliberations. 

I  am  to  inform  you,  sir,  that  it  is  his  Majesty's  resolution  to  ex 
tend  to  you  his  countenance  arid  protection  in  every  constitutional 
measure,  that  shall  be  found  necessary  for  the  support  of  his  gov 
ernment  in  the  Massachusetts  Bay  :  And  it  will  be  your  care  and 
your  duty,  to  avail  yourself  of  such  protection,  in  those  cases  only, 
where  the  honor  and  dignity  of  his  Majesty's  government  is  really, 
either  mediately,  or  immediately,  concerned. 

It  is  unnecessary  to  observe,  that  the  nature  of  the  English  con 
stitution  is  such  as  to  furnish  no  real  ground  of  jealousy  to  the 
colonies  ;  and  where  there  is  so  large  a  foundation  of  confidence, 
it  cannot  be,  but  that  accidental  jealousies  must  subside,  and  things 
again  return  to  their  proper  and  natural  course.  The  extremes, 
even  of  legal  right,  on  either  side,  though  sometimes  necessary, 
are  always  inconvenient;  and  men  of  real  property,  who  must  be 
sensible  that  their  own  prosperity  is  connected  with  the  tranquil  - 
ity  of  the  province,  will  not  be  inactive,  and  suffer  their  quiet  to 
be  disturbed,  and  the  peace  and  safety  of  the  state  endangered  by 
the  indiscretion  or  resentment  of  any. 

I  am,  with  great  regard,  your  obedient  servant, 

SHELBURNE. 


MESSAGE 

FROM  GOVERNOR  BERNARD,  TO  THE  HOUSE  OF  REPRESENTATIVES,  CON 
CERNING  A  LIBELLOUS  PARAGRAPH  IN  A  NEWSPAPER,  MARCH  1,1768. 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE  been  used  to  treat  the  publications  in  the  Boston  Ga 
zette,  with  the  contempt  they  deserve  ;  but  when  they  are  carried 
to  a  length,  which,  if  unnoticed,  must  endanger  the  very  being  of 
government,  I  cannot,  consistently  with  the  regard  which  I  profess, 
and  really  have,  for  this  province,  excuse  myself  from  taking  no- 
tice  of  a  publication  in  the  Boston  Gazette,  of  yesterday  ;  I  have, 
therefore,  consulted  the  Council  thereupon,  and  have  received 
their  unanimous  advice,  that  I  should  lay  the  said  libellous  paper 
before  your  House,  as  well  as  their  Board.  I  have,  therefore,  or 
dered  the  Secretary  to  communicate  to  you  the  said  libellous  pa 
per,  that  you  may  take  the  same,  with  the  circumstances  attending 
it,  into  your  serious  consideration  5  and  do  therein,  as  the  majesty 
of  the  King,  the  dignity  of  his  government,  the  honor  of  this  Gen 
eral  Court,  and  the  true  interest  of  this  province  shall  require.* 

FRA.  BERNARD. 


*  The  paragraph  alluded  to,  was  a  low  and  scurrilous  reflection  on  the  Governor,  similar 
to  those  which  often  appear  in  free  countries,  in  times  of  high  political  excitement*  It  rep 
resented  some  one,  (meaning  Governor  Bernard,  no  douht,)  as  a  tyrant,  aiming  to  enslave 
the  people,  &c.  but,  charging  him.  wit.li  n.o  personal  immorality. 


-to  th 


MASSACHUSETTS    STATE    PAPERS.  119 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE   ABOVE  MESSAGE  FROM 
THE  GOVERNOR,  MARCH  3,  1763. 

May  it  please  your  Excellency, 

IN  duty  and  great  respect  tohis  Majesty's  representative  and 
Governor  of  the  province,  this  House  have  given  all  due  attention 
to  your  message,  of  the  first  instant.  You  are  pleased  to  recom 
mend  to  their  serious  consideration,  a  publication  in  the  Boston 
Gazette,  of  Monday  last,  as  being  carried  to  a  length,  which,  if 
unnoticed,  must  endanger  the  very  being  of  government.  In  this 
view,  your  Excellency,  in  the  notice  you  have  taken  of  it,  without 
doubt,  acted  consistently  with  the  regard  to  this  province,  which 
you  profess.  ^ 

We  are  sorry  that  any  publication  in  the  newspapers,  or  any  * 
other  cause,  should  give  your  Excellency  an  apprehension  of  dan- 
eer  to  the  being  or  dignity  of  his  Majesty's  government  here.  But 
this  House,  after  examination  into  the  nature  and  importance  of 
the  paper  referred  to,  cannot  see  reason  to  admit  of  such  conclu 
sion  as  your  Excellency  has  formed.  No  particular  person,  pub 
lic  or  private,  is  named  in  it.  And  as  it  does  not  appear  to  the 
House,  that  any  thing  contained  in  it,  can  affect  the  majesty  of  the 
King,  the  dignity  of  the  government,  the  honor  of  the  General 
Court,  or  the  true  interest  of  the  province,  they  think  they  may 
be  fully  justified  in  their  determination  to  take  no  further  notice 
of  it. 

The  liberty  of  the  press  is  the  great  bulwark  of  the  liberty  of 
the  people.  It  is,  therefore,  the  incumbent  duty  of  those  who  are 
constituted  the  guardians  of  the  people's  rights,  to  defend  and 
maintain  them.  This  House,  however,  as  one  branch  of  the  legis 
lature,  in  which  capacity  alone  they  have  any  authority,  are  ready 
to  discountenance  an  abuse  of  this  privilege,  whenever  there  shall 
be  occasion  for  it.  Should  the  proper  bounds  of  it,  at  any  time, 
be  transgressed,  to  the  prejudice  of  individuals,  or  the  public,  it  is 
their  opinion,  at  present,  that  provision  is  already  made  for  the 
punishment  of  offenders,  in  the  common  course  of  the  law.  This 
provision,  the  House  apprehend,  in  the  present  state  of  tranquil 
lity  in  the  province,  is  sufficient,  without  the  interposition  of  the 
General  Assembly  5  \vhich,  however,  it  is  hoped,  will,  at  all  times, 
be  both  ready  and  willing  to  support  the  executive  power  in  the 
due  administration  of  justice,  whenever  any  extraordinary  aid  1 
shall  become  needful.  — ^ 


120  MASSACHUSETTS    STATE    PAPERS. 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  MARCH  4,  1768. 

Gentlemen  of  the  House  of  Representatives, 

THE  moderation  and  good  temper  which  appeared  to  regulate 
your  coiifluct  at  the  opening  of  this  session,  so  flattered  me,  that  I 
promised  myself  that  the  like  disposition  would  have  continued  to 
the  end  of  it.  ButI  am  sorry  to  find  that  the  lovers  of  contention  have 
shewed  themselves  not  so  intent  upon  preventing  it,  as  upon  waiting 
for  a  fit  opportunity  to  revive  it.  The  extraordinary  and  indecent 
observations  which  have  been  made  upon  the  Secretary  of  State's  let 
ter,  wrote,  as  I  may  say,  in  presence  of  the  King  himself,  will  fully 
justify  this  suggestion.  The  causes  of  the  censure  therein  contained, 
have  been  specifically  assigned,  and  set  forth  in  the  letter  itself. 
These  causes,  are  facts  universally  known,  and  no  M:here  to  be  de 
nied;  they  are  considered  in  the  letter  as  the  sole  causes  of  the 
censure- con  sequent  thereto;  and  there  was  no  occasion  to  resort 
to  my  letters,  or  any  other  letters  for  other  reasons  for  it.  If  you 
think  that  this  censure  is  singular,  you  deceive  yourselves  ;  and 
you  are  not  so  well  informed  of  what  passes  at  Westminster  as 
you  ought  to  be,  if  you  do  not  know  that  it  is  as  general  and  ex 
tensive  as  the  knowledge  of  the  proceedings  to  which  it  is  applied ; 
and,  therefore,  all  your  insinuations  against  me,  upon  false  suppo 
sitions  of  my  having  misrepresented  you,  are  vain  and  groundless, 
when  every  eftect  is  to  be  accounted  for  from  a  plain  narrative  of 
facts,  which  must  have  appeared  to  the  Secretary  of  State,  from 
your  own  journals.  It  is  not,  therefore,  me,  gentlemen,  that  you 
call  to  account;  it  is  the  noble  writer  of  the  letter  himself,  the 
King's  minister  of  state,  who  has  taken  the  liberty  to  find  fault 
with  the  conduct  of  a  party  in  your  Assembly. 

Nor  am  I  less  innocent  of  the  making  this  letter  a  subject  of 
public  resentment.  When,  upon  the  best  advice,  I  found  myself 
obliged  to  communicate  it  to  you,  I  did  it  in  such  a  manner,  that 
it  might  not,  and  would  not,  if  you  had  been  pleased,  have  trans 
pired  out  of  the  General  Court.  Prudent  men,  moderate  men, 
would  have  considered  it  as  an  admonition,  rather  than  a  censure, 
and  have  made  use  of  it  as  a  means  of  reconciliation, 'rather  than 
of  further  distraction.  But  there  are  men  to  whose  being,  (I  mean 
the  being  of  their  importance)  everlasting  contention  is  necessary. 
And  by  these  has  this  letter  been  dragged  into  public,  and  has 
been  made  the  subject  of  declamatory  observations ;  which,  to 
gether  with  large  extracts  of  the  letter  itself,  have  immediately 
after  been  carried  to  fhe  press  of  the  publishers  of  an  infamous 
newspaper ;  notwithstanding  the  letter  had  been  communicated 
in  confidence,  that  no  copy  of  it  should  be  permitted  to  be  takei. 


MASSACHUSETTS    STATE    PAPERS. 

So  little  have  availed  the  noble  Lord's  intention  of  pointing  out 
the  means  of  restoring  peace  and  harmony  to  this  government, 
and  my  desire  to  pursue  such  salutary  purpose,  to  the  utmost  of 
my  power.  •»-j 

Having  said  thus  much  to  vindicate  myself,  which  every  honest 
man  has  a  right  to  do,  I  must  add,  that  I  have  done  nothing  on  my 
part  to  occasion  a  dispute  between  me  and  your  House ;  it  has 
been  forced  upon  me,  by  particular  persons,  for  their  own  purposes. 
I  never  will  have  any  dispute  with  the  Representatives  of  this 
good  people,  which  I  can  prevent,  and  will  always  treat  them  with 
due  regard,  and  will  render  them  real  service,  when  it  is  in  my 
power.  Time  and  experience  will  soon  pull  the  masks  off  those 
false  patriots,  who  are  sacrificing  their  country  to  the  gratification 
of  their  own  passions.  In  the  mean  while  I  shall,  with  more  firm 
ness  than  ever,  if  it  is  possible,  pursue  that  steady  conduct,  which 
the  service  of  the  King,  and  the  preservation  of  this  government, 
so  forcibly  demand  of  me.  And  I  shall,  above  all,  endeavor  to 
defend  this  injured  country  from  the  imputations  which  are  cast 
upon  it,  and  the  evils  which  threaten  it,  arising  from  the  machina 
tions  of  a  few,  very  few,  discontented  men,  and  by  no  means  to  be  \ 
charged  on  the  generality  of  the  people. 

Gentlewen  of  tlte  Council,  v, 

I  return  you  thanks  for  your  steady,  uniform,  and  patriotic  con 
duct  during  this  whole  session,  which  has  shewn  you  impressed 
with  a  full  sense  of  your  duty,  both  to  your  King  and  to  your  coun 
try.  The  unanimous  example  of  men  of  your  respectable  charac 
ters,  cannet  fail  of  having  great  weight  to  engage  the  people,  in 
general,  to  unite  in  proper  means  to  put  an  end  to  the  dissention 
which  has  so  long  harrassed  this  province  in  its  internal  policy,  and 
disgraced  it  in  its  reputation  abroad.  I  shall  not  fail  to  make  a  faith* 
fill  representation  to  his  Majesty  of  your  merit  upon  this  occasion, 

FRA.  BERNARD. 


PETITION  TO  THE  KING, 

FROM  THE  HOUSE  OF  REPRESENTATIVES  OF  THE  PROVINCE  OF  MASSACHU* 

SETTS  BAY,  SIGNED  BY  THEIR  SPEAKER,  BY  THEIR  ORDER, 

JANUARY  20,  1768. 

Most  Gracious  Sovereign, 

YOUR  Majesty's  faithful  subjects,  the  Representatives  of  your 
province  of  the  Massachusetts  Bay,  with  the  warmest  sentiments 
of  loyalty,  duty,  and  affection,  beg  leave  to  approach  the  throne, 
16 


MASSACHUSETTS  STATE  PAPERS. 

and  to  lay  at  your  Majesty's  feet,  their  humble  supplications,  iu 
behalf  of  your  distressed  subjects,  the  people  of  this  province. 

Our  ancestors,  the  first  settlers  of  this  country,  having,  with  the 
royal  consent,  which,  we  humbly  apprehend,  involves  the  consent 
of  the  nation,  and  at  their  own  great  expense,  migrated  from  the 
mother  kingdom,  took  possession  of  this  land,  at  that  time  a.  wild 
erness,  the  right  whereof  they  purchased,  for  a  valuable  consider 
ation,  of  the  council  established  at  Plymouth,  to  whom  it  had  been 
granted  by  your  Majestv's  royal  predecessor,  King  James  the 
First. 

From  the  principles  of  loyalty  to  their  Sovereign,  which  will 
ever  warm  the  breast  of  a  true  subject,  though  remote,  they  ac 
knowledged  their  allegiance  to  the , English  Crown  :  And  your 
Majesty  will  allow  us,  with  all  humility  to  say,  that  they  and  their 
posterity,  even  to  this  time,  have  afforded  frequent  and  signal 
proofs  of  their  zeal  for  the  honor  and  service  of  their  Prince,  and 
their  firm  attachment  to  the  parent  country. 

With  toil  and  fatigue,  perhaps  not  to  be  conceived  by  their 
brethren  and  fellow  subjects  at  home,  and  with  the  constant  peril 
of  their  lives,  from  a  numerous,  savage  and  war-like  race  of  men, 
they  began  their  settlement,  and  God  prospered  them. 

They  obtained  a  charter  from  King  Charles  the  First,  wherein 
his  Majesty  was  pleased  to  grant  to  them,  and  their  heirs  and  as 
signs  forever,  all  the  lands  therein  described,  to  hold  of  him  and 
his  royal  successors,  in  fee  and  common  soccage ;  which  we  humbly 
conceive,  is  as  absolute  an  estate,  as  the  subject  can  hold  under 
the  Crown.  And  in  the  same  charter,  were  granted  to  them  and 
their  posterity,  all  the  rights,  liberties,  privileges,  and  immunities 
of  natural  subjects,  born  within  the  realm. 

This  charter  they  enjoyed,  having,  as  we  most  humbly  conceive, 
punctually  complied  with  all  the  conditions  of  it,  till  in  an  unhappy 
time,  it  was  vacated.  But  after  the  revolution,  when  King  Wil 
liam  and  Queen  Mary,  of  glorious  and  blessed  memory,  were 
established  on  the  throne — in  that  happy  reign,  when  to  the  joy  of 
the  nation  and  its  dependencies,  the  crown  was  settled  in  your 
Majesty's  illustrious  family,  the  inhabitants  of  this  province  shared 
in  the  common  blessing.  They  then  were  indulged  with  another 
charter,  in  which  their  Majesties  were  pleased,  for  themselves, 
their  heirs  and  successors,  to  grant  and  confirm  to  them  as  ample 
estate  in  the  lands  or  territories,  as  was  granted  by  the  former 
charter,  together  with  other  the  most  essential  rights  and  liberties 
contained  therein  ;  the  principal  of  which  is,  that  which  your  Ma 
jesty's  subjects  within  the  realm  have  held  a  most  sacred  right,  of 
being  taxed  only  by  representatives  of  their  own  free  election. 

Thus  blessed  with  the  rights  of  Englishmen,  through  the  indul 
gent  smiles  of  Heaven,  and  under  the  auspicious  government  of 
your  Maiesty  and  your  royal  predecessors,  your  people  of  this 
province  nave  been  happy,  and  your  Majesty  has  acquired  a  nume- 


MASSACHUSETTS    STATE    PAPERS.  123 

rous  increase  of  loyal  subjects,  a  large  extent  of  dominion,  and  a 
new  and  inexhaustible  source  tif  commerce,  wealth  and  glory. 

With  great  sincerity,  permit  us  to  assure  your  Majesty,  that 
your  subjects  of  this  province,  ever  have,  and  still  continue  to  ac 
knowledge  your  Majesty's  High  Court  of  Parliament  the  supreme 
legislative  power  of  the  whole  empire  ;  the  superintending  au 
thority  of  which  is  clearly  admitted  in  all  cases,  that  can  consist 
with  the  fundamental  rights  of  nature  and  the  constitution  ;  to 
which  your  Majesty's  happy  subjects,  in  all  parts  of  your  empire, 
conceive  they  have  a  just  and  equitable  claim.  **"""'1 

It  is  with  the  deepest  concern,  that  your  humble  suppliants  j 
\vould  represent  to  your  Majesty,  that  your  Parliament,  the  recti 
tude  of  whose  intentions  is  never  to  be  questioned,  has  thought 
proper  to  pass  divers  acts,  imposing  taxes  on  your  Majesty's  sub 
jects  in  America,  with  the  sole  and  express  purpose  of  raising  a 
revenue.  If  your  Majesty's  subjects  here  shall  be  deprived  of  the 
honor  and  privilege  of  voluntarily  contributing  their  aid  to  your 
Majesty,  in  supporting  your  government  and  authority  in  the  pro 
vince,  and  defending  and  securing  your  rights  and  territories  in 
America,  which  they  have  always  hitherto  done  with  the  utmost 
cheerfulness  ;  if  these  acts  of  Parliament  shall  remain  in  force, 
and  your  Majesty's  Commons  in  Great  Britain  shall  continue  to 
exercise  the  power  of  granting  the  property  of  their  fellow  sub 
jects  in  this  province,  your  people  must  then  regret  their  unhappy 
fate  in  having  only  the  name  left  of  free  subjects. 

With  all  humility  we  conceive  that  a  representation  of  your 
Majesty's  subjects  of  this  province  in  the  Parliament,  considering 
their  local  circumstances,  is  utterly  impracticable.     Your  Majesty 
has  heretofore  been  graciously  pleased  to  order  your  requisitions 
to  be  laid  before  the  Representatives  of  your  people  in  the  General 
Assembly,  who  have  never  failed  to  afford  the  necessary  aid,  to  the 
extent  of  their  ability,  and  sometimes  beyond  it ;  and  it  would  be 
grievous  to  your  Majesty's  faithful  subjects  to  be  called  upon  in  a  . 
way,  that  should  appear  to  them  to  imply  a  distrust  of  their  most^j 
ready  and  willing  compliances. 

Under  the  most  sensible  impressions  of  your  Majesty's  wise  and 
paternal  care  for  the  remotest  of  your  faithful  subjects,  and  in  full 
dependence  on  the  royal  declarations  in  the  charter  of  this  pro 
vince,  we  most  humbly  beseech  your  Majesty  to  take  our  present 
unhappy  circumstances  under  your  royal  consideration,  and  afford 
us  relief  in  such  a  manner  as  in  your  Majesty's  great  wisdom  and 
clemency  shall  seefm  meet. 


MASSACHUSETTS  STATE  PAPERS, 


LETTER 

FROM  THE  HOUSE  OF  REPRESENTATIVES,  TO  D.  DE  BERDT,  ESQ.  AGENT 
FOR  THE  PROVINCE,  IN  ENGLAND,  JANUARY  12,  1768. 

SIR, 

SINCE  the  last  sitting  of  the  General  Court,  divers  acts  of  Par-" 
liament,  relating  to  the  colonies,  have  arrived  here ;  and  as  the  peo 
ple  of  this  province  had  no  share  in  the  framing  those  laws,  in 
which  they  are  so  deeply  interested,  the  House  of  Representatives, 
who  are  constitutionally  entrusted  by  them,  as  the  guardians  of 
their  rights  and  liberties,  have  thought  it  their  indispensable  duty, 
carefully  to  peruse  them;  and  having  so  done,  to  point  out  such 
matters  in  them,  as  appear  to  be  grievous  to  their  constituents,  and 
to  seek  redress. 

The  fundamental  rules  of  the  constitution  are  thej^rand  security 
of  all  British  subjects ;  and  it  is  a  security  whicn  they  are  all 
equally  entitled  to,  in  all  parts  of  his  Majesty's  extended  domin 
ions.  The  supreme  legislative,  in  every  free  state,  derives  its 
power  from  the  constitution  5  by  the  fundamental  rules  of  which, 
it  is  bounded  and  circumscribed.  As  a  legislative  power  is  essen 
tially  requisite,  where  any  powers  of  government  are  exercised,  it 
is  conceived,  the  several  legislative  bodies  in  America  were  erect 
ed,  because  their  existence,  and  the  free  exercise  of  their  power, 
within  their  several  limits,  are  essentially  important  and  necessary, 
to  preserve  to  his  Majesty's  subjects  in  America,  the  advantages 
of  the  fundamental  laws  of  the  constitution. 

When  we  mention  the  rights  of  the  subjects  in  America,  and  the 
interest  we  have  in  the  British  constitution,  in  common  with  all 
other  British  subjects,  we  cannot  justly  be  suspected  of  the  most 
distant  thought  of  an  independency  on  Great  Britain.  Some,  we 
know,  have  imagined  this  of  the  colonists,  and  others  may,  perhaps, 
have  industriously  propagated  it,  to  raise  groundless  and  unrea 
sonable  jealousies  of  them  ;  but  it  is  so  far  from  the  truth,  that  we 
apprehend  the  colonies  would  refuse  it  if  offered  to  them,  and 
would  even  deem  it  the  greatest  misfortune  to  be  obliged  to  ac 
cept  it.  They  are  far  from  being  insensible  of  their  happiness,  in 
being  connected  with  the  mother  country,  and  of  the  mutual  ben 
efits  derived  from  it  to  both.  It  is,  therefore,  the  indispensable 
duty  of  all,  to  cultivate  and  establish  a  mutual  harmony,  and  to 
promote  the  intercourse  of  good  offices  between  them  ;  and  while 
both  have  the  free  enjoyment  of  the  rights  of  our  happy  constitu 
tion,  there  will  be  no  grounds  of  envy  and  discontent  in  the  one, 
jjor  of  jealousy  and  mistrust  in  the  other. 

It  is  the  glory  of  the  British  constitution,  that  it  hath  its  found 
ation  in  the  law  of  God  and  nature.  It  is  an  essential,  natural 
right,  that  a  man  shall  quietly  enjoy,  and  have  the  sole  disposal  of 


MASSACHUSETTS  STATE  PAPERS.  125 

his  own  property.  This  right  is  adopted  into  the  constitution. 
This  natural  and  constitutional  right  is  so  familiar  to  the  Ameri 
can  subjects,  that  it  would  be  difficult,  if  possible,  to  convince 
them,  that  any  necessity  can  render  it  just,  equitable  and  reason 
able,  in  the  nature  of  things,  that  the  Parliament  should  impose 
duties,  subsidies,  talliages,  and  taxes  upon  them,  internal  or  ex 
ternal,  for  the  sole  purpose  of  raising  a  revenue.  The  reason  is 
obvious  ;  because,  they  cannot  be  represented,  and  therefore,  their 
consent  cannot  be  constitutionally  had  in  Parliament. 

When  the  Parliament,  soon  after  the  repeal  of  the  stamp  act^ 
thought  proper  to  pass  another  act,  declaring  the  authority,  power, 
and  right  of  Parliament,  to  make  laws  that  should  be  binding  on 
the  colonies,  in  all  cases,  whatever,  it  is  probable  that  acts  for  levy 
ing  taxes  on  the  colonies,  external  and  internal,  were  included ;  for 
the  act  made  the  last  year,  imposing  duties  on  paper,  glass,  &c.  as 
well  as  the  sugar  acts  and  the  stamp  act,  are,  to  all  intents  and 
purposes,  in  form,  as  well  as  in  substance,  as  much  revenue  acts, 
as  those  for  the  land  tax,  customs  and  excises  in  England.  The 
necessity  of  establishing  a  revenue  in  America,  is  expressly  men 
tioned  in  the  preambles  ;  they  were  originated  in  the  honorable 
House  of  Commons,  as  all  other  money  and  revenue  bills  are  ;  and 
the  property  of  the  colonies,  with  the  same  form,  ceremony  and 
expressions  of  loyalty  and  duty,  is  thereby  given  and  granted  to  his 
Majesty,  as  they  usually  give  and  grant  their  own.  But  we  hum 
bly  conceive,  that  objections  to  acts  of  this  kind,  may  be  safely,  if 
decently  made,  if  they  are  of  dangerous  tendency  in  point  of  com 
merce,  policy,  and  the  true  and  real  interest  of  the  whole  empire. 
It  may,  and  if  it  can,  it  ought  to  be  made  to  appear,  that  such  acts 
are  grievous  to  the  subject,  burthensome  to  trade,  ruinous  to  the 
nation,  and  tending  on  the  whole  to  injure  the  revenue  of  the 
Crown.  And  surelv,  if  such  mighty  inconveniencies,  evils,  and 
mischiefs,  can  be  pointed  out  with  decency  and  perspicuity,  there 
'will  be  the  highest  reason  not  only  to  hope  for,  but  fully  to  expect 
redress. 

It  is  observable,  that  though  many  have  disregarded  life,  and 
contemned  liberty,  yet  there  are  few  men  who  do  not  agree  that 
property  is  a  valuable  acquisition,  which  ought  to  be  held  sacred. 
Many  have  fought,  and  bled,  and  died  for  this,  who  have  been  in 
sensible  to  all  other  obligations.  Those  who  ridicule  the  ideas  of 
right  and  justice,  faith  and  truth  among  men,  will  put  a  high  value 
upon  money.  Property  is  admitted  to  have  an  existence,  even  in 
the  savage  state  of  nature.  The  bow,  the  arrow,  and  the  toma 
hawk-;  the  hunting  and  the  fishing  ground,  are  species  of  property, 
as  important  to  an  American  savage,  as  pearls,  rubies  and  dia 
monds  are  to  the  Mogul,  or  a  Nabob  in  the  PJast,  or  the  lands, 
tenements,  hereditaments,  messuages,  gold  and  silver  of  the  Euro 
peans.  And  if  property  is  necessary  for  the  support  of  savage 
I\fe,  it  is  by  no  means  less  so  in  civil  society.  The  Utopian  schemes 


126  MASSACHUSETTS   STATE    PAPERS. 

of  levelling,  and  a  community  of  goods,  are  as  visionary  and  im 
practicable,  as  those  which  vest  all  property  in  the  Crown,  are  ar 
bitrary,  despotic,  and  in  our  government  unconstitutional.  Now, 
what  property  can  the  colonists  be  conceived  to  have,  if  their  mo 
ney  may  be  granted  away  by  others,  without  their  consent  ?  This 
most  certainly  is  the  present  case  ;  for  they  were  in  no  sense  rep 
resented  in  Parliament,  when  this  act  for  raising  a  revenue  in 
America  was  made.  The  stamp  act  was  grievously  complained  of 
by  all  the  colonies  ;  and  is  there  any  real  difference  between  this 
act  and  the  stamp  act  ?  They  were  both  designed  to  raise  a  reve 
nue  in  America,  and  in  the  same  manner,  viz.  by  duties  on  cer 
tain  commodities.  The  payment  of  the  duties  imposed  by  the 
stamp  act,  might  have  been  eluded  by  a  total  disuse  of  the  stamped 
paper  ;  and  so  may  the  payment  of  these  duties,  by  the  total  dis 
use  of  the  articles  on  which  they  are  laid  ;  but  in  neither  case, 
without  difficulty.  Therefore,  the  subjects  here,  are  reduced  to 
the  hard  alternative,  either  of  being  obliged  totally  to  disuse  arti 
cles  of  the  greatest  necessity,  in  common  life,  or  to  pay  a  tax 
without  their  consent. 

The  security  of  right  and  property,  is  the  great  end  of  govern 
ment.  Surely,  then,  such  measures  as  tend  to  render  right  and 
property  precarious,  tend  to  destroy  both  property  and  govern 
ment  ;  for  these  must  stand  and  fall  together.  It  would  be  diffi 
cult,  if  possible^  to  show,  that  the  present  plan  of  taxing  the  colo 
nies  is  more  favorable  to  them,  than  that  put  in  use  here,  before 
the  revolution.  It  seems,  by  the  event,  that  our  ancestors  were, 
in  one  respect,  not  in  so  melancholy  a  situation,  as  we,  their  pos 
terity,  are.  In  those  times,  the  Crown,  and  the  ministers  of  the 
Crown,  without  the  intervention  of  Parliament,  demolished  char 
ters,  and  levied  taxes  on  the  colonies,  at  pleasure.  Governor  An- 
clross.,  in  the  time  of  James  II.  declared,  that  wherever  an  English 
man  sets  his  foot,  all  he  hath  is  the  King's  ;  and  Dudley  declared, 
at  the  Council  Board,  and  even  on  the  sacred  seat  of  justice,  that 
the  privilege  of  Englishmen,  not  to  be  taxed  without  their  consent, 
and  the  laws  of  England,  would  not  follow  them  to  the  ends  of  the 
earth.  It  was,  also,  in  those  days,  declared  in  Council,  that  the 
King's  subjects  in  New  England  did  not  differ  much  from  slaves  ; 
and  that  the  only  difference  was,  that  they  were  not  bought  and 
sold.  But  there  was,  even  in  those  times,  an  excellent  Attorney 
General,  Sir  William  Jones,  who  was  of  another  mind  ;  and  told 
King  James,  that  he  could  no  more  grant  a  commission  to  levy 
money  on  his  subjects  in  Jamaica,  though  a  conquered  island, 
without  their  consent,  by  art  Assembly,  than  they  could  discharge 
themselves  from  their  allegiance  to  the  English  Crown.  But  the 
misfortune  of  the  colonists  at  present  is,  that  they  are  taxed  by 
Parliament,  without  their  consent.  This,  while  the  Parliament 
continues  to  tax  us,  will  ever  render  our  case,  in  one  respect, 
more  deplorable  and  remediless,  under  the  best  of  Kings,  than 


MASSACHUSETTS    STATE    PAPERS.  127 

that  of  our  ancestors  was,  under  the  worst.  They  found  relief  by 
the  interposition  of  Parliament.  But  by  the  intervention  of  that 
very  power,  we  are  taxed,  and  can  appeal  for  relief,  from  their 
final  decision,  to  no  power  on  earth ;  for  there  is  no  power  on 
earth  above  them. 

The  original  contract  between  the  King  and  the  first  planters 
here,  was  a  royal  promise  in  behalf  of  the  nation,  and  which  till 
very  lately,  it  was  never  questioned  but  the  King  had  a  power  to 
make;  namely,  that  if  the  adventurers  would,  at  their  own  cost 
and  charge,  and  at  the  hazard  of  their  lives  and  every  thing  dear 
to  them,  purchase  a  new  world,  subdue  a  wilderness,  and  thereby 
enlarge  the  King's  dominions,  they  and  their  posterity  should  en 
joy  such  rights  and  privileges  as  in  their  charters  are  expressed  ; 
which  are,  in  general,  all  the  rights,  liberties  and  privileges  of  his 
Majesty's  natural  born  subjects  within  the  realm.  The  principal 
privilege  implied,  and  in  some  of  their  charters  expressed,  is  a  free 
dom  from  all  taxes,  but  such  as  they  shall  consent  to  in  person,  or 
by  representatives  of  their  own  free  choice  and  election.  The  late 
King  James  broke  the  original  contract  of  the  settlement  and  gov 
ernment  of  these  colonies ;  but  it  proved  happy  for  our  ancestors 
in  the  end,  that  he  had  also  broken  the  original  compact  with  his 
three  kingdoms.  This  left  them  some  gleam  of  hope  5  this  very 
thing,  finally,  was  the  cause  of  deliverance  to  the  nation  and  the 
colonies,  nearly  at  the  same  time  ;  it  was  the  Parliament,  the  su 
preme  legislative  and  constitutional  check  on  the  supreme  execu 
tive,  that  in  time  operated  effects  worthy  of  itself ;  the  nation  and 
her  colonies  have  since  been  happy,  and  our  princes  patriot  Kings. 
The  law  and  reason  teaches,  that  the  King  can  do  no  wrong  ;  and 
that  neither  King  nor  Parliament  are  otherwise  inclined  than  to 
justice,  equity  and  truth.  But  the  law  does  not  presume  that  the 
King  may  not  be  deceived,  nor  that  the  Parliament  may  not  be 
misinformed.  If,  therefore,  any  tiling  is  wrong,  it  must  be  "imputed 
to  such  causes.  How  far  such  causes  nave  taken  place  and  operated 
against  the  colonies,  is  humbly  submitted  to  the  revision  and  re 
consideration  of  all. 

By  the  common  law,  the  colonists  are  adjudged  to  be  natural 
born  subjects.  So  they  are  declared  by  royal  charter  ;  and  they 
are  so,  by  the  spirit  of  the  law  of  nature  and  nations.  No  jurist, 
who  h^s  the  least  regard  to  his  reputation  in  the  republic  of  let 
ters,  will  deny  that  they  are  entitled  to  all  the  essential  rights, 
liberties,  privileges  and  immunities,  of  his  Majesty's  natural  sub 
jects,  born  within  the  realm.  The  children  oi'his  Majesty's  natu 
ral  born  subjects,  born  passing  and  repassing  the  seas,  have,  by 
sundry  acts  of  Parliament,  from  Edward  the  Third  to  this  time, 
been  declared  natural  born  subjects;  and  even  foreigners,  residing 
a  certain  time  in  the  colonies,  are,  by  acts  of  Parliament,  entitled 
to  all  the  rights  and  privileges  of  natural  born  subjects.  And  it  is 
remarkable,  that  the  Act  of  13  Geo,  II.  chap.  79  presupposes  that 


128  MASSACHUSETTS  STATE  PAPERS. 

the  colonists  are  natural  born  subjects  ;  and  that  they  are  entitled 
to  all  the  privileges  of  such  ;  as  appears  by  the  preamble,  which  we 
shall  now  recite.  "  Whereas  the  increase  of  people  is  the  means 
of  advancing  the  wealth  and  strength  of  any  nation  or  country ; 
and  whereas  many  foreigners  and  strangers,  from  the  lenity  of  our 
government  and  purity  of  our  religion,  the  benefit  of  our  laws,  the 
advantages  of  our  trade,  and  the  security  of  our  property,  might 
be  induced  to  come  and  settle  in  some  of  his  Majesty's  colonies  in 
America,  if  they  were  made  partakers  of  the  advantages  and  priv 
ileges  which  natural  born  subjects  of  this  realm  do  enjoy."  Which 
plainly  shows  it  to  be  the  sense  of  the  nation,  that  the  colonies 
were  entitled  to,  and  did  actually  enjoy,  the  advantages  and  priv 
ileges  of  natural  born  subjects.  But  if  it  could  be  admitted  as 
clearly  consistent  with  the  constitution,  for  the  Parliament  of 
Great  Britain  to  tax  the  property  of  the  colonies,  we  presume  it 
can  be  made  to  appear  to  be  utterly  inconsistent  with  the  rules  of 
equity  that  they  should,  at  least  at  present.  It  must  be  consider 
ed,  that  by  acts  of  Parliament,  the  colonies  are  prohibited  from 
importing  commodities  of  the  growth  or  manufacture  of  Europe, 
except  from  Great  Britain,  saving  a  few  articles.  This  gives  the 
advantage  to  Great  JBritain  of  raising  the  price  of  her  commodities, 
and  is  equal  to  a  tax.  It  is  too  obvious  to  be  doubted,  that  by  the 
extraordinary  demands  from  the  colonies  of  the  manufactures  of 
Britain,  occasioned  by  this  policy,  she  reaps  an  advantage  of  at 
least  twenty  per  cent,  in  the  price  of  them,  beyond  what  the  colo 
nies  might  purchase  them  for  at  foreign  markets.  The  loss,  there 
fore,  to  the  colonists,  is  equal  to  the  gain  which  is  made  in  Britain. 
This  in  reality  is  a  tax,  though  not  a  direct  one ;  and  admitting 
that  they  take  annually  from  Great  Britain,  manufactures  to  the 
value  of  two  millions  sterling,  as  is  generally  supposed,  they  then 
pay  an  annual  tax  of  four  hundred  thousand  pounds,  besides  the 
taxes  which  are  directly  paid  on  those  manufactures  in  England. 
The  same  reasoning  will  hold  good  with  respect  to  the  many  enu 
merated  articles  of  their  produce,  which  the  colonies  are  restrain 
ed,  by  act  of  Parliament,  from  sending  to  any  foreign  port.  By  this 
restraint,  the  market  is  glutted, and  consequently  the  produce  sold, 
is  cheaper ;  which  is  an  advantage  to  Great  Britain,  and  an  equal 
loss  to,  or  tax  upon,  the  colonists.  Is  it  reasonable,  then,  that  the 
colonies  should  be  taxed  on  the  British  commodities  here  .^espe 
cially  when  it  is  considered,  that  the  most  of  them  settled  a  wil 
derness,  and,  till  very  lately,  defended  their  settlements  without 
a  farthing's  expense  to  the  nation.  They  bore" their  full  propor 
tion  of  the  charges  of  securing  and  maintaining  his  Majesty's  rights 
in  America,  in  every  war  from  their  first  settlement,  without  any 
consideration  ;  for  the  grants  of  Parliament  in  the  last  war  were 
compensations  for  an  overplus  of  expense  on  their  part.  Many  of 
them,  and  this  province  in  particular,  have  always  maintained  their 
own  frontiers  at  their  own  expense  ;  and  have  also  frequently  de- 


MASSACHUSETTS    STATE    PAPERS*  129 

fended  his  Majesty's  garrison  at  Annapolis,  when  it  must  other 
wise  have  been  unavoidably  lost.  The  nation,  in  the  late  war, 
acquired  lands  equal  in  value  to  all  the  expense  she  has  been  at  in 
America,  from  its  settlement ;  while  the  trade  of  the  colonies  has 
been  only  "secured  and  restricted;"  it  has  not  been  enlarged, 
though  new  avenues  of  beneficial  commerce  have  been  opened  to 
the  mother  country.  The  colonies  have  reaped  no  share  in  the 
lands  which  they  helped  to  conquer,  while  millions  of  acres  of  those 
very  lands  have  been  granted,  and  still  are  granting,  to  people  who, 
in  all  probability,  will  never  see,  if  they  settle  them. 

The  appropriation  of  the  monies,  to  arise  by  these  duties,  is  an 
objection  of  great  weight.  It  is,  in  the  first  place,  to  be  applied  for 
the  payment  of  the  necessary  charges  of  the  administration  of 
justice,  and  the  support  of  civil  government,  in  such  colonies  where 
it  shall  be  judged  necessary.  This  House  apprehends  it  would  be 
grievous,  and  of  dangerous  tendency,  if  the  Crown  should  not  onty 
appoint  Governors  over  the  several  colonies,  but  allow  them  such, 
stipends  as  it  shall  judge  proper,  at  the  expense  of  the  people,  and 
without  their  consent.  Such  a  pewer,  under  a  corrupt  adminis 
tration,  it  is  to  be  feared,  would  introduce  an  absolute  government 
in  America ;  at  best,  it  would  leave  the  people  in  a  state  of  utter 
uncertainty  of  their  security,  which  is  far  from  being  a  state  of  civil 
liberty.  The  Judges  in  the  several  colonies  do  not  hold  their  com 
missions  during  good  behavior.  If  then  they  are  to  have  salaries 
independent  of  the  people,  how  easy  will  it  be  for  a  corrupt  Gov 
ernor  to  have  a  set  of  Judges  to  his  mind,  to  deprive  a  bench  of 
justice  of  its  glory,  and  the  people  of  their  security.  If  the  Judges 
of  England  have  independent  livings,  it  must  be  remembered, 
that  the  tenure  of  their  commission  is  during  good  behavior,  which 
is  a  safeguard  to  the  people.  And  besides,  they  are  near  the 
throne,  the  fountain  of  right  and  justice ;  whereas  American  Judg 
es,  as  well  as  Governors,  are  at  a  distance  from  it.  Moreover,  it 
is  worth  particular  notice,  that  in  all  disputes  between  power  and 
liberty  in  America,  there  is  danger  that  the  greatest  credit  will 
always  be  given  to  the  officers  of  the  Crown,  who  are  the  men  in, 
power.  This  we  have  sometimes  found  by  experience  ;  and  it  is 
much  to  be  feared,  that  the  nation  will  fall  into  some  dangerous 
mistake,  if  she  has  not  already,  by  too  great  attention  to  the  repre 
sentations  of  particular  persons,  and  a  disregard  to  others. 

But  the  residue  of  these  monies  is  to  be  applied  by  Parliament, 
from  time  to  time,  for  defending,  protecting  and  securing  the  colo 
nies.  If  the  government  at  home  is  apprehensive  that  the  colonists 
will  be  backward  in  defending  themselves  and  securing  his  Majes 
ty's  territories  in  America,  it  must  have  been  egregiously  misin 
formed.  We  need  look  back  no  farther  than  the  last  war,  for 
evidence  of  a  contrary  disposition.  They  always  discovered  the 
most  cheerful  compliance  with  his  Majesty's  requisitions  of  men 
and  money  for  this  purpose.  They  were  then  treated  as  free  Brit- 
17 


130  MASSACHUSETTS    STATE    PAPERS. 

ish  subjects,  and  never  failed  to  grant  aid  to  his  Majesty  of  their 
own  free  accord,  to  the  extent  of  their  ability,  and  even  beyond  it ; 
of  which  the  Parliament  were  then  so  sensible,  that  they  made 
them  grants,  from  year  to  year,  by  way  of  compensation  for  extra 
services.  It  is  not  at  all  to  be  doubted,  but  if  they  are  still  con 
sidered  upon  the  footing  of  subjects,  they  will  always  discover  the 
same  disposition  to  exert  themselves  for  his  Majesty's  service  and 
their  own  defence  ;  which  renders  a  standing  army  in  the  colonies 
a  needless  expense.  Or,  if  it  be  admitted  that  there  may  be  some 
necessity  for  them  in  the  conquered  province  of  Canada,  where  the 
exercise  of  the  Romish  religion,  so  destructive  to  civil  society,  is 
allowed,  surely  there  can  be  no  need  of  them  in  the  bowels  of  the 
old  colonies,  and  even  in  cities,  where  there  is  not  the  least  dan 
ger  of  a  foreign  enemy,  and  where  the  inhabitants  are  as  strongly 
attached  to  his  Majesty's  person,  family  and  government,  as  in 
Great  Britain  itself.  There  is  an  English  affection  in  the  colonists 
towards  the  mother  country,  which  will  forever  keep  them  con 
nected  with  her,  to  every  valuable  purpose,  unless  it  shall  be  erased 
by  repeated  unkind  usage  on  her  part.  As  Englishmen,  as  well  as 
British  subjects,  they  have  an  aversion  to  an  unnecessary  standing 
army,  which  they  look  upon  as  dangerous  to  their  civil  liberties  ; 
and  considering  the  examples  of  ancient  times,  it  seems  a  little 
surprising,  that  a  mother  state  should  trust  large  bodies  of  mer 
cenary  troops  in  her  colonies,  at  so  great  a  distance  from  her,  lest, 
in  process  of  time,  when  the  spirits  of  the  people  shall  be  depress 
ed  by  the  military  power,  another  Caesar  should  arise  and  usurp 
the  authority  of  his  master. 

The  act  enabling  his  Majesty  to  appoint  Commissioners  of  the 
Customs  to  reside  in  America,  has  also  been  read  in  the  House.  It 
declares  an  intention  to  facilitate  the  trade  of  America,  of  which 
we  cannot  have  any  great  hopes,  from  the  tenor  of  the  commission. 
In  general,  innovations  are  dangerous ;  the  unnecessary  increase 
of  Crown  Officers  is  most  certainly  so.  These  gentlemen  are  au 
thorized  to  appoint  as  many  as  they  shall  think  proper,  without 
limitation.  This  will  probably  be  attended  with  undesirable  ef 
fects.  An  host  of  pensioners,  by  the  arts  they  may  use,  may  in 
time  become  as  dangerous  to  the  liberties  of  the  people  as  an  army 
of  soldiers ;  for  there  is  a  way  of  subduing  a  people  by  art,  as  well 
as  by  arms.  We  are  happy  and  safe  under  his  present  Majesty's 
mild  and  gracious  administration  ;  but  the  time  may  come,  when 
the  united  body  of  pensioners  and  soldiers  may  ruin  the  liberties 
of  America.  The  trade  of  the  colonies,  we  apprehend,  may  be  as 
easily  carried  on,  and  the  acts  of  trade  as  duly  enforced,  without 
this  commission  ;  and,  if  so,  it  must  be  a  very  needless  expense, 
at  a  time  when  the  nation  and  her  colonies  are  groaning  under 
debts  contracted  in  the  late  war,  and  how  far  distant  another  may 
be,  God  only  knows. 


MASSACHUSETTS   STATE   PAPERS.  ISl 

There  is  another  act,  which,  this  House  apprehends,  must  be 
alarming  to  all  the  colonies  ;  which  is  the  act  for  suspending  the 
legislative  power  of  the  Assembly  of  New  York  on  a  certain  con-* 
dition.  A  legislative  body,  without  the  free  exercise  of  the  pow 
ers  of  legislation,  is  to  us  incomprehensible.  There,  can  be  no 
material  difference  between  such  a  legislative  and  none  at  all.  It 
cannot  be  said,  that  the  Assembly  of  New  York  hath  the  free  ex 
ercise  of  legislative  power,  while  their  very  existence  is  suspended 
upon  their  acting  in  conformity  to  the  will  of  another  body.  Such, 
a  restriction  throughout  the  colonies,  would  be  a  short  and  easy 
method  of  annihilating  the  legislative  powers  in  America,  and  by 
consequence  of  depriving  the  people  of  a  fundamental  right  of  the 
constitution,  namely,  that  every  man  shall  be  present  in  the  body 
which  legislates  for  him. 

It  may  not  be  amiss  to  consider  the  tendency  of  a  suspension  of 
colony  legislation  for  non  compliance  with  acts  of  Parliament,  re 
quiring  a  Provincial  Assembly  to  give  and  grant  away  their  own 
and  their  constituents  money  for  the  support  of  a  standing  army. 
We  cannot  but  think  it  hard  enough  to  have  our  property  granted 
away  without  our  consent,  without  being  ordered  to  deal  it  out 
ourselves,  as  in  the  case  of  the  mutiny  act.  It  must  be  sufficiently 
humiliating  to  part  with  our  property  in  either  of  those  ways, 
much  more  in  both  ;  whereby,  as  loyal  subjects  as  any  under  his 
Majesty's  government,  and  as  true  lovers  of  their  country  as  any 
people  whatever,  are  deprived  of  the  honor  and  merit  of  voluntari 
ly  contributing  to  the  service  of  both.  What  is  the  plain  language 
of  such  a  suspension  ?  We  can  discover  no  more  nor  less  in  it  than 
this  :  If  the  American  assemblies  refuse  to  grant  as  much  of  their 
own  and  their  constituents  money,  as  shall  from  time  to  time  be- 
enjoined  and  prescribed  by  the  Parliament,  besides  what  the  Par 
liament  directly  taxes  them,  they  shall  no  longer  have  any  legisla 
tive  authority  ;  but  if  they  comply  with  what  is  prescribed,  they 
may  still  be  allowed  to  legislate  under  their  charter  restrictions. 
Does  not  political  death  and  annihilation  stare  us  in  the  face  as 
strongly  on  one  supposition  as  the  other  ?  Equally,  in  case  of  com- 
pliance  as  of  non  compliance. 

But  let  us  suppose,  for  a  moment,  a  series  of  events  taking 
place,  the  most  favorable  in  the  opinion  of  those  who  are  so  fond 
of  these  new  regulations ;  that  all  difficulties  and  scruples  of  con 
science  were  removed,  and  that  every  Representative  in  America 
should  acknowledge  a  just  and  equitable  right  in  the  Commons  of 
Great  Britain,  to  make  an  unlimited  grant  of  his  and  his  constitu 
ents  property ;  that  they  have/a  clear  right  to  invest  the  Crown 
with  all  the  lands  in  the  colonies,  as  effectually  as  if  they  had 
been  forfeited.  Would  it  be  possible  for  them  to  conciliate 
their  constituents  to  such  measures  ?  Would  not  the  attempt 
suddenly  cut-  asunder  all  confidence  and  communication  be 
tween  the  representative  body  and  the  people  ?  What,  then. 


132  MASSACHUSETTS    STATE    PAPERS. 

would  be  the  consequence  ?  Could  any  thing  be  reasonably  ex 
pected  but  discontent,  despair  and  rage,  against  their  representa 
tives,  on  the  side  of  the  people,  and  on  the  part  of  government, 
the  rigorous  exertion  of  civil  and  military  power  ?  The  confusion 
and  misery,  after  such  a  fatal  crisis,  cannot  be  conceived,  much 
less  described. 

The  present  regulations  and  proceedings,  with  respect  to  the 
colonies,  we  apprehend  to  be  opposite  to  every  principle  of  good 
and  sound  policy.  A  standing  army,  in  time  of  profound  peace, 
is  naturally  productive  of  uneasiness  and  discontent  among  the 
people  5  and  yet  the  colonies,  by  the  mutiny  act,  are  ordered  and 
directed  to  provide  certain  enumerated  articles ;  and  the  pains  and 
penalties,  in  case  of  non  compliance,  are  evident,  in  the  precedent 
of  New  York.  It  also  appears,  that  revenue  officers  are  multiply 
ing  in  the  colonies,  with  vast  powers.  The  Board  of  Commission 
ers,  lately  appointed  to  reside  here,  have  ample  discretionary 
powers  given  them,  to  make  what  appointments  they  please,  and 
to  pay  the  appointees  what  sums  they  please.  The  establishment 
of  a  Protestant  Episcopate,  in  America,  is  also  very  zealously  con 
tended  for  5  and  it  is  very  alarming  to  a  people,  whose  fathers, 
from  the  hardships  they  suffered,  under  such  an  establishment, 
were  obliged  to  fly  their  native  country  into  a  wilderness,  in  order 
peaceably  to  enjoy  their  privileges,  civil  and  religious.  Their 
being  threatened  with  the  loss  of  both  at  once,  must  throw  them 
Into  a  disagreeable  situation.  We  hope  in  God  such  an  estab 
lishment  will  never  take  place  in  America,  and  we  desire  you 
would  strenuously  oppose  it.  The  revenue  raised  in  America, 
for  ought  we  can  tell,  may  be  as  constitutionally  applied  towards 
the  support  of  prelacy,  as  of  soldiers  and  pensioners.  If  the  pro 
perty  of  the  subject  is  taken  from  him,  without  his  consent,  it  is 
immaterial  whether  it  be  done  by  one  man,  or  five  hundred  ;  or 
whether  it  be  applied  for  the  support  of  ecclesiastic  or  military 
power,  or  both.  It  may  be  well  worth  the  consideration  of  the 
best  politician  in  Great  Britain  or  America,  what  the  natural  ten 
dency  is  of  a  vigorous  pursuit  of  these  measures.  We  are  not  in-* 
sensible  that  sopie  eminent  men,  on  both  sides  the  water,  are  less 
friendly  to  American  charters  and  assemblies,  than  could  be 
wished.  It  seems  to  be  growing  fashionable  to  treat  them,  in  com 
mon  conversation,  as  well  as  in  popular  publications,  with  con 
tempt.  But  if  we  look  back  a  few  reigns,  we  shall  find  that  even 
the  august  assembly,  the  Parliament,  was,  in  every  respect,  the  ob 
ject  of  a  courtier's  reproach.  It  was  even  an  aphorism  with  King 
James  the  First,  that  the  Lords  and  Commons  were  two  verv  bad 
copartners  with  a  Monarch  ;  and  he  and  his  successors  broke  the 
copartnership  as  fast  as  possible.  It  is  certainly  unnatural  for  a 
British  politician  to  expect,  that  ever  the  supreme  executive  of  the 
nation  can  long  exist,  after  the  supreme  legislative  shall  be  de 
pressed  and  destroyed,  which  may  God  forbid.  If  the  supreme 


MASSACHUSETTS  STATE  CAPERS.  133 

executive  cannot  exist  long  in  Britain,  without  the  support  of  the 
supreme  legislative,  it  should  seem  very  reasonable,  in  order  to 
support  the  same  supreme  executive,  at  the  distance  of  a  thousand 
transmarine  leagues  from  the  metropolis,  there  should  be,  in  so 
remote  dominions,  a  free  legislative,  within  their  charter  limita 
tions,  as  well  as  an  entirely  free  representative  of  the  supreme  ex 
ecutive  of  his  Majesty,  in  the  persons  of  Governors,  Judges,  Justi 
ces,  and  other  executive  officers  ;  otherwise  strange  effects  are  to 
be  apprehended  ;  for  the  laws  of  God  and  nature  are  invariable. 
A  politician  may  apply  or  misapply  these  to  a  multiplicity  of  pur 
poses,  good  or  bad  ;  but  these  laws  were  never  made  for  politicians 
to  alter.  Should  the  time  ever  come,  when  the  legislative  assem 
blies  of  North  America  shall  be  dissolved  and  annihilated,  no  more 
to  exist  again,  a  strange  political  phenomenon  will  probably  ap 
pear.  All  laws,  both  of  police  and  revenue,  must  then  be  made  by 
a  legislative,  at  such  a  distance,  that  without  immediate  inspira 
tion,  the  local  and  other  circumstances  of  the  governed,  cannot 
possibly  be  known  to  those  who  give  and  grant  to  the  Crown,  what 
part  of  the  property  of  their  fellow  subjects  they  please.  There 
will  then  be  no  Assemblies  to  support  the  execution  of  such  laws  : 
and,  indeed,  while  existing,  by  what  rule  of  law  or  reason,  are  the 
members  of  the  Colony  Assemblies  executive  officers  ?  They  have, 
as  Representatives,  no  commission  but  from  their  constituents ; 
and  it  must  be  difficult  to  show,  why  they  are  more  obliged  to  ex 
ecute  acts  of  Parliament,  than  such  of  their  constituents  as  hold 
no  commissions  from  the  Crown.  The  most  that  can  be  expected 
from  either,  is  submission  to  acts  of  Parliament ;  or  to  aid  the  offi 
cers,  as  individual,  or  part  of  the  posse  comitatus,  if  required.  It 
would  seem  strange  to  call  on  the  Representatives,  in  any  other 
way,  to  execute  laws  against  their  constituents  and  themselves, 
which  both  have  been  so  far  from  consenting  to,  that  neither  were 
consulted  in  framing  them.  Yet  it  was  objected  by  some,  to  the 
American  Assemblies,  that  they  neglected  to  execute  the  stamp 
act ;  and  that  their  resolves  tended  to  raise  commotions  ;  which 
certainly  was  not  the  case  here.  For  all  the  disorders  in  Bostony 
in  which  any  damage  was  done  to  property,  happened  long  before 
the  resolves  of  the  House  of  Representatives  here  were  passed. 

We  have  reason  to  believe,  that  the  nation  has  been  grossly  mis 
informed  with  respect  to  the  temper  and  behavior  of  the  colonists  5 
and, it  is  to  be  feared  that  some  men  will  not  cease  to  sow  the  seeds 
of  jealousy  and  discord,  till  they  shall  have  done  irreparable  mis 
chief.  You  will  do  a  singular  service  to  both  countries,  if  possible, 
in  detecting' them.  In  the  mean  time,  we  desire  you  would  make 
known  to  his  Majesty's  ministers  the  sentiments  of  this  House, 
contained  in  this  letter?  and  implgre  a  favorable  consideration  of 
America. 


ISi  MASSACHUSETTS  STATE  PAPEJIS. 


CIRCULAR  LETTER, 

FROM  THE  HOUSE  OF  REPRESENTATIVES  OF  MASSACHUSETTS  BAY,  AD- 
DRESSED  TO  THE  SPEAKERS  OF  THE  RESPECTIVE  HOUSES  OF  REPRE 
SENTATIVES  AND  BURGESSES  ON  THIS  CONTINENT. 

Province  of  Massachusetts  Bay,  February  11,  1768. 

SIR, 

THE  House  of  Representatives  of  this  province,  have  taken 
into  their  serious  consideration,  the  great  difficulties,  that  must  ac 
crue  to  themselves  and  their  constituents,  by  the  operation  of  sev 
eral  acts  of  Parliament,  imposing  duties  and  taxes  on  the  American 
colonies.* 

As  it  is  a  subject  in  which  every  colony  is  deeply  interested, 
they  have  no  reason  to  doubt  but  your  House  is  deeply  impressed 
with  its  importance,  and  that  such  constitutional  measures  will  be 
come  into,  as  arc  proper.  It  seems  to  be  necessary,  that  all  possi 
ble  care  should  be  taken,  that  the  representatives  of  the  several 
assemblies,  upon  so  delicate  a  point,  should  harmonize  with  each 
other.  The  House,  therefore,  hope  that  this  letter  will  be  candidly 
considered  in  no  other  light  than  as  expressing  a  disposition  freely 
to  communicate  their  mind  to  a  sister  colony,  upon  a  common  con 
cern,  in  the  same  manner  as  they  would  be  glad  to  receive  the 
sentiments  of  your  or  any  other  House  of  Assembly  on  the  con 
tinent. 

The  House  have  humbly  represented  to  the  ministry,  their  own 
sentiments,  that  his  Majesty's  high  court  of  Parliament  is  the  su 
preme  legislative  power  over  the  whole  empire  ;  that  in  all  free 
states  the  constitution  is  fixed,  and  as  the  supreme  legislative  de 
rives  its  power  and  authority  from  the  constitution,  it  cannot  over 
leap  the  bounds  of  it,  without  destroying  its  own  foundation ;  that 
the  constitution  ascertains  and  limits  both  sovereignty  and  alle 
giance,  and,  therefore,  his  Majesty's  American  subjects,  who  ac 
knowledge  themselves  bound  by  the  ties  of  allegiance,  have  an 
equitable  claim  to  the  full  enjoyment  of  the  fundamental  rules  ol" 
the  British  constitution  ;  that  it  is  an  essential,  unalterable  right, 
in  nature,  engrafted  into  the  British  constitution,  as  a  fundamental 
law,  and  ever  held  sacred  and  irrevocable  by  the  subjects  within 
the  realm,  that  what  a  man  has  honestly  acquired  is  absolutely  his 
own,  which  he  may  freely  give,  but  cannot  be  taken  from  him  with 
out  his  consent ;  that  the  American  subjects  may,  therefore,  exclu 
sive  of  any  consideration  of  charter  rights,  with  a  decent  firmness, 
adapted  to  the  character  of  free  men  and  subjects,  assert  this 
natural  and  constitutional  right. 

It  is,  moreover,  their  humble  opinion,  which  they  express  with 

*  In  addition  to  former  acts,  one  passed  in  1767,  imposing  a  duty  on  paper,  glass,  tea,  £$ 


MASSACHUSETTS    STATE    PAPERS.  135 

the  greatest  deference  to  the  wisdom  of  the  Parliament,  that  the 
nets  made  there,  imposing  duties  on  the  people  of  this  province^ 
with  the  st)le  and  express  purpose  of  raising  a  revenue,  are  in 
fringements  of  their  natural  and  constitutional  rights  ;  because,  as 
they  are  not  represented  in  the  British  Parliament,  his  Majesty's 
Commons  in  Britain,  by  those  acts,  grant  their  property  without 
their  consent. 

This  House  further  are  of  opinion,  that  their  constituents,  con 
sidering  their  local  circumstances,  cannot,  by  any  possibility,  be 
represented  in  the  Parliament  5  and  that  it  will  forever  be  imprac 
ticable,  that  they  should  be  equally  represented  there,  and  Conse 
quently,  not  at  all  ;  being  separated  by  an  ocean  of  a  thousand 
leagues.  That  his  Majesty's  royal  predecessors,  for  this  reason, 
were  graciously  pleased  to  form  a  subordinate  legislature  here,  that 
their  subjects  might  enjoy  the  unalienable  right  of  a  representa 
tion  :  also,  that  considering  the  utter  impracticability  of  their  ever 
being  fully  and  equally  represented  in  Parliament,  and  the  great 
expense  that  must  unavoidably  attend  even  a  partial  representation 
there,  this  House  think  that  a  taxation  of  their  constituents,  even 
without  tbeir  consent,  grievous  as  it  is,  would  be  preferable  to  any 
representation  that  could  be  admitted  for  them  there. 

Upon  these  principles,  and  also  considering  that  were  tlm  right 
in  Parliament  ever  so  clear,  yet,  for  obvious  reasons,  it  would  be- 
beyond  the  rules  of  equity  that  their  constituents  should  be  taxed, 
on  the  manufactures  of  Great  Britain  here,  in  addition  to  the  duties 
they  pay  for  them  in  England,  and  other  advantages  arising  to  Great 
Britain,  from  the  acts  of  trade,  this  House  have  preferred  a  hum 
ble,  dutiful,  and  loyal  petition,  to  our  most  gracious  sovereign,  and 
made  such  representations  to  his  Majesty's  ministers,  as  they  ap 
prehended  would  tend  to  obtain  redress. 

They  have  also  submitted  to  consideration,  whether  any  people 
can  be  said  to  enjoy  any  degree  of  freedom,  if  the  Crown,  in  addi 
tion  to  its  undoubted  authority  of  constituting  a  Governor,  should 
appoint  him  such  a  stipend  as  it  may  judge  proper,  without  the 
consent  of  the  people,  and  at  their  expense  ;  and  whether,  while 
the  judges  of  the  land,  and  other  civil  officers,  hold  not  their  com 
missions  during  good  behaviour,  their  having  salaries  appointed 
for  them  by  the  Crown,  independent  of  the  people,  hath  not  a  ten 
dency  to  subvert  the  principles  of  equity,  and  endanger  the  hap 
piness  and  security  of  the  subject.* 

In  addition  to  these  measures,  the  House  have  written  a  letter 
to  their  agent,  which  he  is  directed  to  lay  before  the  ministry  ; 
wherein  they  take  notice  of  the  hardships  of  the  act  for  preventing 
mutiny  and  desertion,  which  requires  the  Governor  and  Council 
to  provide  enumerated  articles  for  the  King's  marching  troops,  and 

*  A  plan  was  already  proposed  (and  afterwards  adopted  by  the  British  ministry)  to  have  the 
salaries  of  the  Governor  and  Judges  of  the  Supreme  Court,  fixed  by  the  Crown,  though  paid 
by  the  people  here.  This  was  an  innovation  which  justly  alarmed  the  citizens  of  this  pro- 


136  MASSACHUSETTS  STATE  PAPERS. 

I 

the  people  to  pay  the  expenses  ;  and  also,  the  commission  of  the 
gentlemen  appointed  commissioners  of  the  customs,  to  reside  in 
America,  which  authorizes  them  to  make  as  many  appointments,  as 
they  think  fit,  and  to  pay  the  appointees  what  sum  they  please,  for 
whose  mal-conduct  they  are  not  accountable  ;  from  whence  it  may 
happen,  that  officers  of  the  Crown  may  be  multiplied  to  such  a  de 
gree  as  to  become  dangerous  to  the  liberty  of  the  people,  by  virtue 
of  a  commission,  which  does  not  appear  to  this  House  to  derive 
any  such  advantages  to  trade  as  many  have  supposed. 

These  are  the  sentiments  and  proceedings  of  this  House  ;  and 
as  they  have  too  much  reason  to  believe  that  the  enemies  of  the 
colonies  have  represented  them  to  his  Majesty's  ministers,  and  to 
the  Parliament,  as  factious,  disloyal,  and  having  a  disposition  to 
make  themselves  independent  of  the  mother  country,  they  have 
taken  occasion,  in  the  most  humble  terms,  to  assure  his  Majesty, 
and  his  ministers,  that,  with  regard  to  the  people  of  this  province, 
and,  as  they  doubt  not,  of  all  the  colonies,  the  charge  is  un 
just.  The  House  is  fully  satisfied,  that  your  Assembly  is  too  gen 
erous  and  liberal  in  sentiment,  to  believe  that  this  letter  proceeds 
from  an  ambition  of  taking  the  lead,  or  dictating  to  the  other  as 
semblies.  They  freely  submit  their  opinions  to  the  judgment  of 
others^  and  shall  take  it  kind  in  your  House  to  point  out  to  them 
any  thing  further,  that  may  be  thought  necessary. 

This  House  cannot  conclude,  without  expressing  their  firm  con 
fidence  in  the  King,  our  common  head  and  father  ;  that  the  united 
and  dutiful  supplications  of  his  distressed  American  subjects,  wi|l 
meet  with  his  royal  and  favorable  acceptance.* 

[The  Committee  by  whom  the  foregoing,  and  also  Petition  to 
the  King,  Letter  to  the  Agent,  to  Lord  Shelburne.  &c.  were,  Mr. 
Cushing,  (the  Speaker,)  Col.  Otis,  Mr.  Adams,  Major  Hawley, 
Mr.  Otis,  Mr.  Hancock,  Capt.  Sheaffe,  Col.  Bowers,  and  Mr. 
Dexter.] 

*  The  Editor  cannot  but  observe,  that  this  circular  was  one  of  the  most  effectual  measure* 
to  call  the  attention  of  the  colonists  to  their  real  situation,  in  a  political  view,  to  disseminate 
correct  sentimeuts  on  their  constitutional  and  charter  rights,  to  inspire  a  resolution  to  de 
fend  those  rights,  and  to  shew  to  the  British  administration,  that  the  opposition  in  Massachu 
setts,  to  the  late  acts  of  Parliament,  was  the  efforts  of  men  who  knew  how  both  to  appreciate 
and  defend  their  political  freedom.  This  will  appear  by  the  subsequent  conduct  of  admin 
istration  ;  for  it  was  soon  required  that  this  circular  should  be  rescinded  ;  and  when  the 
General  Court  refused  to  do  it,  it  was  most  arbitrarily  ordered  that  it  be  dissolved.  This, 
however,  was  only  onc}  in  a  series  of  measures  adopted,  to  resist  the  encroachments  of  despotic 
power,  and  to  maintain,  the  liberty  Ipng  enjoyed  by  our  ancestors. 


MASSACHUSETTS    STATE    PAPERS.  137 


LETTER 

FROM  THE  HOUSE  OP  REPRESENTATIVES,  TO  THE  RIGHT  HONORABLE  THE 

EARL  OF  SHELBURNE,  ONE  OF  HIS  MAJESTY'S  PRINCIPAL 

SECRETARIES  OF  STATE. 

Province  of  Massachusetts  Bay,  January  15,  1768. 

MY  LORD, 

THE  House  of  Representatives  of  this  his  Majesty's  province, 
having  had  experience  of  your  Lordship's  generous  sentiments  of 
his  Majesty's  most  loyal,  though  remote  subjects  in  America,  and 
of  your  noble  exertions  in  their  behalf,  in  the  late  time  of  their 
distress,  beg  leave  to  lay  before  your  Lordship's  view  the  new 
scenes  of  difficulty  which  are  again  opened  upon  us,  and  to  im 
plore  your  repeated  interposition. 

Your  Lordship  is  not  insensible  that  our  forefathers  were,  in  an 
unhappy  reign,  driven  into  this  wilderness  by  the  hand  of  power. 
At  their  own  expense  they  crossed  an  ocean  of  three  thousand 
miles,  and  purchased  an  inheritance  for  themselves  and  their  pos 
terity,  with  the  view  of  propagating  the  Christian  religion,  and  en 
larging  the  English  dominion  in  this  distant  part  of  the  earth. 
Through  the  indulgent  smiles  of  Heaven  upon  them,  though  riot 
without  hardship  and  fatigue  ;  unexperienced,  and  perhaps  hardly 
to  be  conceived  by  their  brethren  and  fellow  subjects  in  their  na 
tive  land;  and  with  the  constant  peril  of  their  lives  from  a  nume 
rous  race  of  men,  as  barbarous  and  cruel,  and  yet  as  warlike  as 
any  people  upon  the  face  of  the  earth,  they  increased  their  num 
bers,  and  enlarged  their  settlement.  They  obtained  a  charter 
from  King  Charles  the  First,  wherein  his  Majesty  was  pleased  to 
recognize  to  them  a  liberty  to  worship  God  according  to  the  dic 
tates  of  their  conscience  ;  a  blessing  which  in  those  unhappy  times 
was  denied  to  them  in  their  own  country  ;  and  the  rights,  liber 
ties,  privileges  and  immunities  of  his  natural  born  subjects  within 
the  realm.  This  charter  they  enjoyed,  having  punctually  fulfilled 
the  conditions  of  it,  till  it  was  vacated,  as  we  conceive  arbitrarily, 
in  the  reign  of  King  Charles  the  Second.  After  the  revolution, 
that  grand  era  of  British  liberty,  when  King  William  and  Queen 
Mary,  of  glorious  and  blessed  memory,  were  established  on  the 
throne,  the  inhabitants  of  this  province  obtained  another  charter, 
in  which  the  most  essential  rights  and  privileges,  contained  in  the 
former,  were  restored  to  them.  Thus  blessed  with  the  liberties  of 
Englishmen,  they  continued  to  increase  and  multiply,  till,  as  your 
Lordship  knows,  a  dreary  wilderness  is  become  a  fruitful  field, 
and  a  grand  source  of  national  wealth  and  glory. 

By  the  common  law,  my  Lord,  as  well  as  sundry  acts  of  Par 
liament,  from  the  reign  of  Edward  the  Third,  the  children  of  his 
18 


138  MASSACHUSETTS  STATE  PAPERS. 

Majesty's  natural  born  subjects,  born  passing  and  repassing  the 
seas,  are  entitled  to  all  the  rights  and  privileges  of  his  natural 
subjects  born  within  the  realm.  From  hence  the  conclusion  ap 
pears  to  be  indisputable,  that  the  descendants  of  his  Majesty's 
subjects  in  the  realm,  who  migrated  with  the  consent  of  the  na 
tion,  and  purchased  a  settlement  with  their  own  treasure  and 
blood,  without  any  aid  from  the  nation ;  who  early  acknowledged 
their  allegiance  to  the  Crown  of  England,  and  have  always  ap 
proved  themselves  faithful  subjects,  and  in  many  instances  given 
signal  proofs  of  their  loyalty  to  their  King,  and  their  firm  attach 
ment  and  affection  to  their  mother  country;  the  conclusion  is 
strong,  that  exclusive  of  any  consideration  of  their  charter,  they 
are  entitled  to  the  rights  and  privileges  of  the  British  constitution, 
in  common  with  their  fellow  subjects  in  Britain.  And  it  is  very 
remarkably  the  sense  of  the  British  nation,  that  they  are  so,  as  ap 
pears  by  an  act  of  Parliament,  made  in  the  13th  of  his  late  Majes 
ty,  King  George  the  Second.*  The  preamble  of  that  act  plainly 
presupposes  it ;  and  the  purview  of  the  same  act  enables  and  di 
rects  the  Superior  Court  of  Judicature  of  this  province,  a  court 
erected  by  the  authority  of  the  General  Court,  to  naturalize 
foreigners,  under  certain  conditions  ;  which  it  is  presumed,  the 
wisdom  of  the  Parliament  would  not  have  empowered  any  people 
to  do,  who  were  not  themselves  deemed  natural  born  subjects. 

The  spirit  of  the  law  of  nature  and  nations,  supposes,  that  all 
the  free  subjects  of  any  kingdom,  are  entitled  equally  to  all  the 
rights  of  the  constitution  ;  for  it  appears  unnatural  and  unrea 
sonable  to  affirm,  that  local,  or  any  other  circumstances,  can  justly 
deprive  any  part  of  the  subjects  of  the  same  prince,  of  the  full 
enjoyment  of  the  rights  of  that  constitution,  upon  which  the  gov 
ernment  itself  is  formed,  and  by  which  sovereignty  and  allegiance 
are  ascertained  and  limited.  But  your  Lordship  is  so  thoroughly 
acquainted  with  the  extent  of  the  rights  of  men  and  of  subjects, 
as  to  render  it  altogether  improper  to  take  up  any  more  of  your 
time  on  this  head. 

There  are,  my  Lord,  fundamental  rules  of  the  constitution,  which 
it  is  humbly  presumed,  neither  the  supreme  legislative  nor  the 
supreme  executive  can  alter.  In  all  free  states,  the  constitution 
is  fixed ;  it  is  from  thence,  that  the  legislative  derives  its  authority ; 
therefore  it  cannot  change  the  constitution  without  destroying  its 
own  foundation.  If,  then,  the  constitution  of  Great  Britain  is  the 
common  right  of  all  British  subjects,  it  is  humbly  referred  to  your 
Lordship's  judgment,  whether  the  supreme  legislative  of  the  em 
pire  may  rightly  leap  the  bounds  of  it,  in  the  exercise  of  power 
over  the  subjects  in  America,  any  more  than  over  those  in  Britain. 

When  mention  is  made  of  the  rights  of  American  subjects,  and 
the  interest  they  have  in  the  British  constitution,  in  common  with 

*See  page  128,  Letter  to  De  Berdt. 


MASSACHUSETTS   STATE    PAPERS.  139 

all  other  British  subjects,  your  Lordship  is  too  candid  and  just  in 
your  sentiments,  to  suppose  that  the  House  have  the  most  distant 
thought  of  an  independency  of  Great  Britain.  They  are  not  in 
sensible  of  their  security  and  happiness  in  their  connexion  with,  and* 
dependence  on  the  mother  state.  These,  my  Lord,  are  the  senti 
ments  of  the  House,  and  of  their  constituents  ;  and  they  have 
reason  to  believe,  they  are  the  sentiments  of  all  the  colonies. 
Those  who  are  industriously  propagating  in  the  nation  a  different 
opinion  of  the  colonists,  are  not  only  doing  the  greatest  injustice 
to  them,  but  an  irreparable  injury  to  the  nation  itself. 

It  is  the  glory  of  the  British  constitution,  that  it  has  its  founda 
tion  in  the  law  of  God  and  nature.  It  is  essentially  a  natural 
right,  that  a  man  shall  cpietly  enjoy,  and  have  the  sole  disposal  of 
his  own  property.  This  right  is  ingrafted  into  the  British  consti 
tution,  and  is  familiar  to  the  American  subjects.  And  your  Lord 
ship  will  judge,  whether  any  necessity  can  render  it  just  and 
equitable  in  the  nature  of  things,  that  the  supreme  legislative  of 
the  empire,  should  impose  duties,  subsidies,  talliages  and  taxes,  in 
ternal  or  external,  for  the  sole  purpose  of  raising  a  revenue,  upon 
subjects  that  are  not,  and  cannot,  considering  their  local  circum 
stances,  by  any  possibility,  be  equally  represented,  and  consequent 
ly,  whose  consent  cannot  be  had  in  Parliament. 

The  security  of  right  and  property,  is  the  great  end  of  govern 
ment.  Surely,  then,  such  measures  as  tend  to  render  right  and 
property  precarious,  tend  to  destroy  both  property  and  government, 
for  these  must  stand  or  fall  together.  Property  is  admitted  to 
have  an  existence  in  the  savage  state  of  nature  ;  and  if  it  is  ne- 
cessarv  for  the  support  of  savage  life,  it  by  no  means  becomes  less 
so  in  civil  society.  The  House  intreat  your  Lordship  to  consider, 
whether  a  colonist  can  be  conceived  to  have  any  property  which 
he  may  call  his  own,  if  it  may  be  granted  away  by  any  other  body, 
without  his  consent.  And  they  submit  to  your  Lordship's  judg 
ment,  whether  this  was  not  actually  done,  when  the  act  for  granting 
to  his  Majesty  certain  duties  on  paper,  glass,  arid  other  articles, 
for  the  sole  and  express  purpose  of  raising  a  revenue  in  America, 
was  made.  It  is  the  judgment  of  Lord  Coke,  that  the  Parliament 
of  Great  Britain  cannot  tax  Ireland  "  quia  milites  ad  Parliamen- 
tum  non  mittant."  And  Sir  William  Jones,  an  eminent  jurist, 
declared  it  as  his  opinion,  to  King  Charles  the  Second,  that  he 
could  no  more  grant  a  commission  to  levy  money  on  his  subjects 
in  Jamaica,  without  their  consent,  by  an  assembly,  than  they  could 
discharge  themselves  from  their  allegiance  to  the  Crown.  Your 
Lordship  will  be  pleased  to  consider  that  Ireland  and  Jamaica 
were  both  conquered  5  which  cannot  be  said  of  any  of  the  colonies, 
Canada  excepted  ;  the  argument  therefore,  is  stronger  in  favor  of 
the  colonies. 

Our  ancestors,  when  oppressed  in  the  unfortunate  reign  of 
James  the  Second,  found  relief  by  the  interposition  of  the  Parlia^- 


140  MASSACHUSETTS  STATE  PAPERS. 

ment.  But  it  is  the  misfortune  of  the  colonies  at  present,  that  by 
the  intervention  of  that  power  they  are  taxed  ;  and  they  can  ap 
peal  for  relief  from  their  final  decision  to  no  power  on  earth,  for 
there  is  no  power  on  earth  above  them.  Your  Lordship  will  in 
dulge  the  House  in  expressing  a  deep  concern  upon  this  occasion  5 
for  it  is  the  language  of  reason,  and  it  is  the  opinion  of  the  greatest 
writers  on  the  law  of  nature  and  nations,  that  if  the  Parliament 
should  make  any  considerable  change  in  the  constitution,  and  the 
nation  should  be  voluntarily  silent  upon  it,  this  would  be  consider 
ed  as  an  approbation  of  the  act. 

But  the  House  beg  leave  to  represent  to  your  Lordship,  that 
although  the  right  of  the  Parliament  to  impose  taxes  on  the  colo 
nies,  without  a  representation  there,  was  indisputable,  we  humbly 
conceive  it  may  be  made  fully  to  appear  to  be  unequal  that  they 
should,  at  least  at  present.  Your  Lordship  will  be  pleased  to  re 
member,  that  by  an  act  of  Parliament,  the  colonists  are  prohibited 
from  importing  commodities  and  manufactures  of  the  growth  of 
Europe,  saving  a  few  articles,  except  from  Great  Britain.  This 
prohibition  not  only  occasions  a  much  greater  demand  upon  the 
mother  country  for  her  manufactures,  but  gives  the  manufacturers 
there  the  advantage  of  their  own  price  ;  and  can  it  be  questioned, 
my  Lord,  but  the  colonists  are  obliged  by  means  of  this  policy,  to 
purchase  the  British  manufactures  at  a  much  dearer  rate,  than  the, 
like  manufactures  would  be  purchased  at,  if  they  were  allowed  to 
go  to  foreign  markets  ?  It  is  a  loss  to  the  colonists,  and  an  equal 
gain  to  Great  Britain.  The  same  reasoning  holds  good  with  respect 
to  the  many  articles  of  their  produce,  which  the  colonies  are  re 
strained  by  act  of  Parliament  from  sending  to  foreign  ports.  This 
is  in  reality  a  tax,  though  an  indirect  one,  on  the  colonies  ;  besides 
the  duties  of  excise  and  customs  laid  on  the  manufactures  in  Great 
-Britain.  A  celebrated  British  writer  on  trade,  computes  the  arti 
ficial  value  arising  from  these  duties,  to  be  no  less  than  fifty  per 
cent.  Your  Lordship  will  then  form  an  estimate  of  the  part  that 
is  paid  by  the  colonies  upon  the  importation  into  America,  which 
is  generally  said  to  be  at  least  the  value  of  two  millions  sterling. 

The  House  is  not,  at  this  time,  complaining  of  this  policy  of  the 
mother  state  ;  but  beg  your  Lordship's  impartial  and  candid  con 
sideration,  whether  it  is  not  grievous  to  the  colonies  to  be  addition 
ally  taxed  upon  the  commodities  of  Great  Britain  here,  and  to  be 
solely  charged  with  "the  defending  and  securing  his  Majesty's  col 
onies,  after  they  have  cheerfully  borne  their  full  proportion  of 
maintaining  his  Majesty's  rights  in  this  part  of  his  dominions,  and 
reducing  his  enemies  to  terms  of  peace. 

Your  Lordship  will  allow  the  House  to  express  their  fears,  that 
the  colonies  have  been  misrepresented  to  his  Majesty's  ministers 
and  Parliament,  as  having  an  undutiful  disposition  towards  his 
Majesty,  and  a  disaffection  to  the  mother  kingdom.  It  has,  till  a 
few  years  past,  been  the  usage  for  his  Majesty's  requisitions  to  be 


MASSACHUSETTS    STATE   PAPERS.  141 

laid  before  the  Representatives  of  his  people  in  America  ;  and 
we  may  venture  to  appeal  to  your  Lordship,  that  the  people  of  this 
province  have  been  ready  to  afford  their  utmost  aid  for  his  Majes 
ty's  service.  It  would  be  grievous  to  his  most  faithful  subjects,  to 
be  called  upon  for  aid  in  a  manner  which  implies  a  mistrust  of  a 
free  and  cheerful  compliance.  And  the  House  intreat  your  Lord 
ship's  consideration  whether  our  enemies  at  least,  would  not  infer 
a  want  of  duty  and  loyalty  in  u§,  when  the  Parliament  have  judged 
it  necessary  to  compel  us  by  laws  for  that  purpose  ;  as  by  the  late 
acts  for  raising  a  revenue  in  America,  and  the  act  for  preventing 
mutiny  and  desertion  ;  in  the  latter  of  which  the  Governor  and 
Council  are  directed  to  supply  the  King's  troops  with  enumerated 
articles,  and  the  people  are  required  to  pay  the  expense.  But  be 
sides,  your  Lordship  will  judge  whether  the  execution  of  this  act 
can  comport  with  the  existence  of  a  free  legislative  in  America. 

It  is  unnatural  to  expect,  that  the  supreme  executive  power  can 
long  exist,  if  the  supreme  legislative  should  be  depressed  and  de 
stroyed.  In  order,  therefore,  to  support  the  supreme  executive  of 
his  Majesty,  at  so  great  a  distance,  in  the  person  of  his  Governor., 
Judges,  and  other  executive  officers,  it  seems  necessary  that  there 
should  be  a  legislative  in  America  as  perfectly  free,  as  can  consist 
with  a  subordination  to  the  supreme  legislative  of  the  whole  em 
pire.  Such  a  legislative  is  constituted  by  the  royal  charter  of  this 
province.  In  this  charter,  my  Lord,  the  King,  for  himself,  his 
heirs  and  successors,  grants  to  the  General  Assembly  full  power 
and  authority  to  impose  and  levy  proportionable  and  reasonable 
assessments,  rates  and  taxes,  upon  the  estates  and  persons  of  the 
inhabitants,  to  be  issued  and  disposed  of,  by  warrant  under  the 
hand  of  the  Governor,  with  the  advice  and  consent  of  the  Council, 
for  the  service  of  his  Majesty,  in  the  necessary  defence  and  sup 
port  of  his  government  of  the  province,  and  the  protection  and  pre 
servation  ot  the  inhabitants,  according  to  such  acts  as  are,  or  shall 
be,  in  force  in  the  province.  And  the  House  are  humbly  of  opin 
ion,  that  the  legislative  powers  in  the  several  colonies  in  America, 
were  originally  erected  upon  a  conviction,  that  the  subjects  there 
could  not  be  represented  in  the  supreme  legislative,  and  conse 
quently  that  there  was  a  necessity  that  such  powers  should  be 
erected. 

It  is,  by  no  means,  my  Lord,  a  disposition  in  the  House  to  dis 
pute  the  just  authority  of  the  supreme  legislative  of  the  nation,  that 
induces  them  thus  to  address  your  Lordship  5  but  a  warm  sense  of 
loyalty  to  their  Prince,  and,  they  humbly  apprehend,  a  just  con 
cern  for  their  natural  and  constitutional  rights.  They  beg  your 
Lordship  would  excuse  their  trespassing  upon  your  time  and  at 
tention  to  the  great  affairs  of  state.  They  apply  to  you,  as  a 
friend  to  the  rights  of  mankind,  and  of  British  subjects.  As  Amer 
icans^  they  implore  your  Lordship's  patronage,  and  beseech  you  to 
represent  their  grievances  to  the  King,  our  Sovereign,  and  employ 
your  happy  influence  for  their  relief. 


142  MASSACHUSETTS    STATE    PAPERS. 


LETTER 

FROM  D.  DE  BERDT,  ESQ.  AGENT  FOR  THE  PROVINCE,  IN  ENGLAND,  TO  THE 
SPEAKER  OF  THE  HOUSE  OF  REPRESENTATIVES. 


SIR, 


London,  May  1C,  1768. 


SINCE  my  last,  I  received  your  several  letters,  which  I  deliv 
ered,  as  directed  5  and  at  Lord  Shelburne's  desire,  sent  him  your 
judicious  observations  on  British  liberty,  which  sentiments  are  ex 
actly  my  own ;  but  have  not  been  admitted  to  converse  with  his 
Lordship  on  that  head  ;  nor  has  he  returned  me  the  papers. 

It  is,  at  present,  a  time  of  great  confusion  ;  the  heats  and  ani 
mosity  of  electing  new  members  of  Parliament  are  not  yet  subsi 
ded  ;  universal  discontent,  on  account  of  the  dearness  of  provi 
sions,  which  spreads  itself  throughout  the  kingdom,  and  will  take 
up  the  whole  attention  of  the  legislature,  that  I  do  not  apprehend 
any  thing  will  be  done  on  American  affairs.  However,  you  may 
rely  on  my  watching  the  most  favorable  opportunity  to  throw  in 
your  petition,  which,  at  present,  will  be  by  no  means  proper. 

It  gives  me  concern,  as  the  prosperity  of  America,  in  conjunc 
tion  with  ber  mother  country,  lies  near  the  heart  of 
Your  obedient  servant, 

D.  DE  BERDT. 


LETTER 

FROM  THE  HOUSE  OF  REPRESENTATIVES  OF  THE  PROVINCE  OF  MASSACHU 
SETTS  BAY,  SIGNED  BY  THEIR  SPEAKER,  BY  THEIR  ORDER,  TO  THE 
RIGHT  HONORABLE  THE  MARQUIS  OF  ROCKINGHAM, 
JANUARY  22,  1768. 

My  Lord, 

THE  House  of  Representatives  of  this  his  Majesty's  province, 
have  had  the  honor  of  your  letter  of  the  7th  of  May  last,  communi 
cated  to  them  by  their  Speaker ;  and  thank  your  Lordship  for 
your  condescension,  in  the  kind  sentiments  you  are  pleased  to  ex 
press  of  his  Majesty's  good  subjects  of  America,  and  of  this  pro 
vince.  The  establishing  the  harmony  between  Great  Britain  and 
her  colonies,  is  a  subject  which  your  Lordship  has  judged  worthy 
of  your  particular  attention  ;  and  the  exertions  which  you  have 
made  for  this  very  important  purpose,  claims  the  most  grateful  ac 
knowledgments  of  this  House.  Your  sentiments  are  so  nobly  ex- 


MASSACHUSETTS  STATE  PAPERS.  143 

tended  beyond  the  most  distant  partial  considerations,  as  must  dis 
tinguish  you  as  a  patron  of  the  colonies,  a  friend  to  the  British 
constitution,  and  the  rights  of  mankind. 

Your  Lordship  is  pleased  to  say,  that  you  will  not  adopt  a  sys 
tem  of  arbitrary  rule  over  the  colonies .;  nor  do  otherwise  than 
strenuously  resist,  where  attempts  shall  be  made  to  throw  oft*  that 
dependence,  to  which  the  colonies  ought  to  submit.  And  your 
Lordship,  with  great  impartiality,  adds,  "  not  only  for  the  advan 
tage  of  Great  Britain,  but  for  their  own  real  happiness  and  safety." 

This  House,  my  Lord,  have  the  honor  heartily  to  join  with  you 
in^sentiment ;  and  they  speak  the  language  of  their  constituents. 
Sp^  sensible  are  they  of  their  happiness  and  safety,  in  their  union 
with,  and  dependence  upon,  the  mother  country,  that  they  would 
by  no  means  be  inclined  to  accept  of  an  independency,  if  offered 
to  themTJ  But,  my  Lord,  they  intreat  your  consideration,  whether 
the  colonies  have  not  reason  to  fear  some  danger  of  arbitrary  rule 
over  them,  when  the  supreme  power  of  the  nation  have  thought 
proper  to  impose  taxes  on  his  Majesty's  American  subjects,  with 
the  sole  and  express  purpose  of  raising  a  revenue,  and  without  their 
consent. 

My  Lord,  the  superintending  power  of  that  high  court  over  all 
his  Majesty's  subjects  in  the  empire,  and  in  all  cases  which  can. 
consist  with  the  fundamental  rules  of  the  constitution,  was  never 
questioned  in  this  province,  nor,  as  the  House  conceive,  in  any 
other.  But,  in  all  free  states,  the  constitution  is  fixed  ;  it  is  from 
thence,  that  the  supreme  legislative,  as  welFas  the  supreme  execu 
tive  derives  its  authority.  Neither,  then,  can  break  through  the 
fundamental  rules  of  the  constitution,  without  destroying  their  own 
foundation. 

It  is  humbly  conceived,  that  all  his  Majesty's  happy  subjects,  in 
every  part  of  his  wide  extended  dominions,  have  a  just  and  equit 
able  claim  to  the  rights  of  that  constitution,  upon  which  govern 
ment  itself  is  formed,  and  by  which  sovereignty  and  allegiance  are 
ascertained  and  limited.  Your  Lordship  will  allow  us  to  say,  that 
it  is  an  essential  right  of  a  British  subject,  ingrafted  into  the  con 
stitution,  or,  if  your  Lordship  will  admit  the  expression,  a  sacred 
and  unalienable,  natural  right,  quietly  to  enjoy  and  have  the  sole, 
disposal  of  his  own  property.  In  conformity  to  this,  the  acts  of 
the  British  Parliament  declare,  that  every  individual  in  the  realm 
is  present  in  his  Majesty's  high  court  of  Parliament,  by  himself,  or 
his  representative,  of  his  own  free  election.  But,  my  Lord,  it  is 
apprehended  that  a  just  and  equal  representation  of  the  subjects, 
at  the  distance  of  a  thousand  transmarine  leagues  from  the  metrop 
olis,  is  utterly  impracticable.  Upon  this  opinion,  this  House  hum 
bly  conceive  his  Majesty's  royal  predecessors  thought  it  equitable 
to  form  subordinate  legislative  powers  in  America,  as  perfectly  free 
as  the  nature  of  things  would  admit,  that  so  their  remote  subjects 
might  enjoy  a  right,  which  those  within  the  realm  have  ever  held 


144  MASSACHUSETTS  STATE  PAPERS. 

sacred,  of  being  taxed  only  by  representatives  of  their  own  free 
election. 

The  House  beg  leave  to  observe  to  your  Lordship,  that  the  mo 
nies  which  shall  arise  by  the  act  for  granting  to  his  Majesty  cer 
tain  duties  on  paper,  glass  and  other  articles,  passed  in  the  last 
session  of  Parliament,  are  to  be  applied,  in  the  first  place,  for  the 
payment  of  the  necessary  charges  of  the  administration  of  justice, 
and  the  support  of  civil  government  in  such  colonies  as  shall  be 
judged  necessary;  and  ±Jj£  residue  for  defending,  protecting  and 
securing  the  colonies.  (They  intreat  your  Lordship's  considera 
tion,  what  may  be  the  consequences,  in  some  future  time,  if  the 
V.  Crown,  in  addition  to  its  right  of  appointing  Governors  over  the 
^*W  colonies,  which  this  House  cheerfully  recognize,  should  appoint 
them  such  stipends  as  it  shall  judge  fit,  without  the  consent  of  the 
people,  and  at  their  expense.  And  as  the  Judges  of  the  land  here 
do  not  hold  their  commissions  during  good  behavior,  your  Lordship 
will  judge,  whether  it  may  not  hereafter  happen,  that  at  so  great  a 
distance  from  the  throne,  the  fountain  of  justice,  for  want  of  an 
adequate  check,  corrupt  and  arbitrary  rule  may  take  place,  even 
within  the  colonies,  which  may  deprive  a  bench  of  justice  of  its 
glory,  and  the  people  of  their  happiness  and  safetjj 

Your  Lordship's  justice  and  candor  will  induce  you  to  be 
lieve,  that  what  our  enemies  may  have  taken  occasion  to  represent 
to  his  Majesty's  ministers  and  the  Parliament,  as  an  undutiful  dis 
position  in  the  colonies,  is  nothing  more  than  a  just  and  firm  at 
tachment  to  their  natural  and  constitutional  rights.  It  is  humbly 
submitted  to  your  Lordship,  whether  these  ideas  are  well  founded. 
And  while  this  province  and  the  colonies  shall  continue,  in  your 
Lordship's  judgment,  to  be  faithful  and  loyal  subjects  to  his  Ma 
jesty,  they  rely  upon  it,  that  your  happy  influence  will  ever  be 
employed  to  promote  the  sentiments  of  tenderness,  as  well  as  jus 
tice,  in  the  parent  country. 

[Letters  were  written  by  a  committee  of  the  House  of  Repre 
sentatives,  the  same  session,  and  sent  to  the  right  honorable 
Henry  S.  Conway,  one  of  his  Majesty's  principal  Secretaries  of 
State  5  to  the  right  honorable  the  Earl  of  Camden,  Lord  High 
Chancellor  of  England  ;  the  right  honorable  the  Earl  of  Chatham; 
and  to  the  Lords  Commissioners  of  the  Treasury.  These  letters 
are  written  with  great  ability,  and  breathe  a  noble  spirit  of  free 
dom,  and  present  some  new  views  of  the  subject,  at  that  time  con 
troverted  ;  but  as  they  are  in  substance  like  those  here  given,  it 
was  thought  unnecessary  to  insert  them  in  this  volume.  It  is  ob 
vious,  however,  to  remark,  that  these  papers  shew  the  diligence, 
the  interest  and  zeal,  which  the  patriots  of  that  period  exhibited  in 
reference  to  the  dispute  between  Great  Britain  and  the  colonies, 
and  their  unwearied  efforts  to  secure  the  rights  and  liberties  of  the 
people.] 


MASSACHUSETTS  STATE  PAPERS.  145 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  MAY  26,  1768. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

As  the  chief  intention  of  this  session  isfto  constitute  the  Gener 
al  Court  for  the  year  ensuing,  and  the  season  makes  a  long  contin 
uation  of  it  very  inconvenient,  I  must  recommend  to  you,  to 
avoid  all  business,  that  can  well  be  postponed,  to  the  next  session. 
Among  those  matters  which  will  demand  your  immediate  atten 
tion,  will  be  the  providing  for  the  solicitation  of  the  cause  of  this 
province,  with  regard  to  the  boundary  line  with  New  York.  As 
you  are  contented  with  that  line  which  has  heretofore  been  report 
ed  by  the  Lords  Commissioners  for  trade  and  plantations  5  and  the 
province,  in  general,  has  hitherto  acquiesced  in  it,  there  is  great  rea 
son  to  expect  that  it  will  be  confirmed.  I  have  sent  copies  of  the 
papers  relating  to  the  treaty  between  the  two  provinces,  concern 
ing  the  line,  to  the  Secretary  of  the  Board  of  Trade  ;  and  have 
prayed  that  this  province  may  have  time  to  appoint  an  agent,  or 
solicitor,  before  their  cause  is  brought  into  judgment.  I  shall 
write  more  fully  on  the  subject,  as  occasion  shall  serve,  and  shall 
give  this  business  all  the  assistance,  which  my  station  and  ability 
will  afford.  FRA.  BERNARD. 

[The  Governor  objected  to  T.  Saunders,  J.  Hancock,  J.  Ger- 
vish,  A.  Ward,  Col.  Otis,  and  J.  Bowers,,  who  were  chosen  Coun 
sellors.] 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
JUNE  21,  1768. 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE  his  Majesty's  orders  to  make  a  requisition  to  you, 
which  I  communicate  in  the  very  words  in  which  I  have  received 
it.  I  must  desire  you  to  take  it  into  immediate  consideration,  and 
I  assure  you,  that  your  resolution  thereon,  will  have  most  important 
consequences  to  the  province.  I  am,  myself,  merely  ministerial  in 
this  business,  having  received  his  Majesty's  instruction  for  all  I 
have  to  do  in  it.  1  heartily  wish  that  you  may  see  how  forcible 
19 


146  MASSACHUSETTS    STATE    PAPERS. 

the  expediency  of  your  giving  his  Majesty  this  testimonial  of  your 
duty  and  submission  is,  at  this  time.  •  If  you  should  think  other 
wise,  I  must  nevertheless  do  my  duty.  FKA.  BERNARD. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR, 
/  JUNE  22,  17631, 

May  it  phase  your  Excellency , 

THE  House  of  Representatives  humbly  request  your  Excel- 
yv  lency  to  lay  before  them  a  copy  of  his  Majesty's  instructions,  re- 
* "       ferred  to  in  your  message  of  the  21st  instant ;  a  copy  of  the  letter 
to  your  Excellency,  from  the  right  honorable  the  Earl  of  Hillsbo- 
rough,  dated  the  22d  of  April,  1768  ;  a  copy  of  a  letter  from  his 
Lordship,  communicated  lately,  by  your  Excellency  to  the  honor 
able  Board  ;  and  copies  of  letters  written  by  your  Excellency  to 
his  Lordship,  relating  to  the  subject  of  your  aforesaid  message. 


ANSWER. 

THE  FOLLOWING  MESSAGE  WAS  RECEIVED  FROM  HIS  EXCELLENCY, 
IN  ANSWER  TO  THE  ABOVE,  JUNE  24,  1768. 

Gentlemen  of  the  House  of  Representatives, 

I  SHOULD  have  communicated  the  whole  of  the  Earl  of  Hills- 
borough's  letter,  relating  to  the  business  which  I  laid  before  you 
the  21st  instant,  if  I  had  not  been  desirous  that  your  compliance 
with  his  Majesty's  requisition,  might  have  its  fullest  merit,  by  its 
appearing  to  be  entirely  dictated  by  a  sense  of  your  duty. 

But  since  you  desire  to  know  what  my  further  orders  are,  I 
hereby  send  you  a  copy  of  the  other  part  of  the  letter,  relative  to 
this  business,  which  contains  all  my  instructions  thereupon.  And 
as  I  know  you  will  not  expect  that  I  should  disobey  the  King's 
^positive  commands,  I  must  desire,  that,  if  you  should  resolve  to 
oblige  me  to  execute  them,  you  will,  previously  to  your  giving 
your  final  answer,  prevent  the  inconveniences  which  must  fall 
upon  the  people,  for  want  of  the  annual  tax  bill,  which,  I  under 
stand,  is  not  yet  sent  up  to  the  Board.  For,  if  I  am  obliged  tq 
dissolve  the  Genera,l  Court,  I  shall  not  think  myself  at  liberty  to 


MASSACHUSETTS    STATE-  PAPERS.  147 

call  another,  till  I  receive  his  Majesty's  commands  for  that  pur 
pose  5  which  will  be  too  late  to  prevent  the  Treasurer  issuing  his 
warrants  for  the  whole  tax,  granted  by  the  act  of  the  last  year. 

As  to  the  letter  of  the  Earl  of  Hillsborough,  which  I  communi 
cated  to  the  Council,  I  must  beg  leave  to  be  the  proper  judge  of 
the  time  and  occasion  of  communicating  any  papers  I  receive,  to 
the  Council  or  the  House.  If  I  had  then  thought  it  expedient  to 
lay  it  before  the  House,  I  should  have  done  it ;  when  I  shall  think 
it  so,  I  shall  do  it. 

As  to  your  request  of  the  copies  of  my  letters  to  the  Secretary  of 
State,  you  may  assure  yourselves,  that  I  shall  never  make  public 
my  letters  to  his  Majesty's  ministers,  but  upon  my  own  motion, 
and  for  my  own  reasons.  FRA.  BERNARD. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR, 

JUNE  30,  1768. 

May  it  please  your  Excellency, 

THE  House  of  Representatives  ef  this  his  Majesty's  ancient 
and  loyal  province  of  the  Massachusetts  Bay,  have,  with  the  great 
est  deliberation,  considered  your  messages  of  the  21st  and  24th 
instant,  with  the  several  extracts  from  the  letter  of  the  right  hon 
orable  the  Earl  of  Hillsborough,  his  Majesty's  principal  Secretary 
of  State  for  North  American  affairs,  dated  the  22d  of  April  last, 
which  your  Excellency  has  thought  fit  to  communicate.  TWe  have 
also  received  the  written  answer  which  your  Excellency  was 
pleased  to  give  the  committee  of  this  House,  directed  to  wait  on 
you  the  29th  instant,  with  a  message,  humbly  requesting  a  recess, 
that  the  members  might  be  favored  with  an  opportunity  to  consult 
their  constituents,  at  this  important  crisis,  when  a  direct  and  per 
emptory  requisition  is  made,  of  a  new  and  strange  constructure, 
and  so  strenuously  urged,  viz.  that  we  should  immediately  rescind  p 
the  resolution  of  the  last  House,  to  transmit  circular  letters  to  the  ^-*T  / 
other  British  colonies  on  the  continent  of  North  America,  barely 
intimating  a  desire  that  they  would  join  in  similar  dutiful  and  loy- 
al  petitions  to  our  most  gracious  Sovereign,  for.  the  redress  of  the 
grievances  occasioned  by  sundry  late  acts  of  Parliament  calcula 
ted  for  the  sole  purpose  of  raising  a  revenue  in  Ameri^gJ 

We  have  most  diligently  revised,  not  only  the  said  resolution, 
but  also  the  circular  letter,  written  and  sent  in  consequence  thereof; 
and  after  all,  they  both  appear  to  us  to  be  conceived  in  terms  not 
only  prudent  and  moderate  in  themselves,  but  respectful  to  that 
truly  august  body,  the  Parliament  of  Great  Britain,  and  very  dn- 


148  MASSACHUSETTS  STATE  PAPERS, 

tiful  and  loyal  in  regard  to  his  Majesty's  sacred  person,  crown  and 
dignity  5  of  all  which,  we  entertain  sentiments  of  the  highest  rev 
erence  and  most  ardent  affection  ;  and  should  we  ever  depart  from 
these  sentiments,  we  should  stand  self  condemned  as  unworthy  the 
name  of  British  subjects,  descended  from  British  ancestors,  inti 
mately  allied  and  connected  in  interest  and  inclination  with  our 
fellow  subjects,  the  commons  of  Great  Britain.  We  cannot  but  ex 
press  our  deep  concern,  that  a  measure  of  the  late  House,  in  all 
respects  so  innocent,  in  most,  so  virtuous  and  laudable,  and  as  we 
conceive,  so  truly  patriotic,  should  have  been  represented  to  admin 
istration  in  the  odious  light  of  a  party  and  factious  measure,  and 
that  pushed  through  by  reverting  in  a  thin  House  to,  and  reconsid 
ering,  what  in  a  full  assembly,  had  been  rejected.  It  was,  and  is  a 
matter  of  notoriety,  that  more  than  eighty  members  were  present 
at  the  reconsideration  of  the  vote  against  application  to  the  other 
colonies.  The  vote  for  reconsideration  was  obtained  by  a  large 
majority.  It  is.  or  ought  to  be  well  known,  that  the  presence  of 
eighty  members  makes  a  full  House,  this  number  being  just  double 
that,  by  the  royal  charter  ot  the  province,  required  to  constitute  the 
third  branch  of  our  Colony  Legislature.  Your  Excellency  might 
have  been  very  easily  informed,  if  you  was  not,  that  the  measures 
of  the  late  House,  in  regard  to  sundry  acts  of  the  late  Parliament, 
for  the  sole  purpose  of  raising  a  North  American  revenue,  were 
generally  carried  by  three  to  one  ;  and  we  dare  appeal  to  your  Ex 
cellency  for  the  truth  of  this  assertion,  namely,  that  there  were 
many  persons  in  the  majority,  in  all  views,  as  respectable  as  the 
very  best  of  the  minority ;  that  so  far  from  any  sinister  views, 
were  the  committee  of  the  late  House,  appointed  and  directed  to 
take  into  their  most  serious  consideration,  the  then  present  state 
of  the  province,  from  going  into  any  rash  or  precipitate  measures, 
that  they,  for  some  days,  actually  delayed  their  first  report,  which 
was  a  letter  to  Mr.  Agent  De  Berdt,  on  this  candid  and  generous 
principle,  that  those  who  were  reasonably  presupposed  to  be  most 
warmly  attached  to  all  your  Excellency's  measures,  especially 
those  for  furthering,  and,  by  all  means,  enforcing  the  acts  for  levying 
the  North  American  revenue,  might  be  present,  and  a  more  equal 
contest  ensue.  It  would  be  incredible,  should  any  one  assert  that 
your  Excellency  wanted  a  true  information  of  all  these  things, 
which  were  not  done,  or  desired  to  be  hid  in  a  corner,  buj  were  no 
toriously  transacted  in  the  open  light,  at  noon  day.  {£tis,  to  us, 
altogether  incomprehensible,  that  we  should  be  require!!,  on  the 
peril  of  a  dissolution  of  the  great  and  General  Court,  or  Assembly 
of  this  province,  to  rescind  a  resolution  of  a  former  House  of  Rep 
resentatives,  when  it  is  evident,  that  resolution  has  no  existence, 
but  as  a  mere  historical  fact. 

Your  Excellency  must  know,  that  the  resolution  referred  to,  is,  to 
speak  in  the  language  of  the  common  law,  not  now  "executory," 
but',  to  all  intents  and  purposes,  {'executed."  The  circular  letters 


MASSACHUSETTS   STATE   PAPERS.  149 

have  been  sent,  and  many  of  them  have  been  answered  ;  those  an 
swers  are  now  in  the  public  papers  5  the  public,  the  world,  must 
and  will,  judge  of  the  proposals,  purposes  and  answers.  We  could 
as  well  rescind  those  letters  as  the  resolves  5  and  both  would  be 
equally  fruitless,  if,  by  rescinding,  as  the  word  properly  imports, 
is  meant  a  repeal  and  nullifying  the  resolution  referred  to.  But, 
if,  as  most  probable,  by  the  word  rescinding,  is  intended  a  passing 
a  vote  of  this  House,  in  direct  and  express  disapprobation  of  the 
measure  above  mentioned,  as  "  illegal,  inflammatory,  and  tending 
to  promote  unjustifiable  combinations  against  his  Majesty's  peace, 
crown,  and  dignity,"  we  must  take  the  liberty  to  testify,  and  pub 
licly  to  declare,  that  we  take  it  to  be  the  native,  inherent,  and  in 
defeasible  right  of  the  subject,  jointly  or  severally,  to  petition  the 
King  for  the  redress  of  grievances  ;  provided  always,  that  the  same 
be  done  in  a  decent,  dutiful,  and  constitutional  way,  without  tu 
mult,  disorder,  or  confusion.  Furthermore,  we  are  also  humbly, 
but  very  clearly  and  very  firmly  of  opinion,  that  the  petition  of  the 
late  dutiful  and  loyal  House  to  his  Majesty,  and  their  other  very 
orderly  applications  for  the  redress  of  grievances,  have  had  the 
most  desirable  tendencies  and  effects  to  keep  men's  minds  in  ease 
and  qufatTj  We  must  be  excused,  in  thinking  that  the  people  were, 
in  truth,  patiently  waiting  for  the  meeting  of  a  new  Parliament, 
and  their  measures,  and  his  Majesty's  pleasure  ;  and  it  is  proba 
ble,  they  would  every  where  have  thus  waited  the  event,  had  it  not 
been  revealed  here,  that  the  late  provincial  application  for  re 
dress  of  grievances,  were  somehow,  strangely  obstructed,  and  the 
province,  in  consequence  of  misinformation  and  misrepresentation, 
most  unfortunately  fallen  under  the  royal  displeasure  5  and  to 
complete  this  misfortune,  it  was  not  only  divulged  to  the  other 
colonies,  but  some  of  them  actually  received  the  information  before 
it  was  made  known  here,  that  the  House  had  been  accused  to  his 
Majesty,  or  his  ministers,  or  fallen  under  the  displeasure  of  the 
one,  or  the  censure  of  the  other. 

On  the  whole,  sir,  we  will  consider  his  most  sacred  Majesty, 
under  God,  as  our  King,  and  best  protector,  and  common  father, 
and  shall  ever  bear  him  true  and  faithful  allegiance. 

We  also  regard  your  Excellency  as  the  representative  of  the 
greatest  potentate  on  earth ;  and  at  all  times  have  been,  and  shall 
be,  as  far  as  was,  or  is,  or  could  consist  with  the  indefeasible  pur 
poses  of  preserving  life,  liberty  and  property,  most  ready  and 
willing,  to  treat  youjvith  all  that  respect,  justly  due  to  your  high 
rank  and  station.  rSut  we  are  constrained  to  say,  that  we  are  dis 
agreeably  convince!!^  that  your  Excellency  entertains  not  that  pa 
ternal  regard  for  the  welfare  of  the  good  people  of  this  province, 
which  you  have  sometimes  been  pleased  to  profess,  and  which 
they  have  at  all  times,  an  irrefragable  right  to  expect  from  their 
Governor.  Your  Excellency  has  thought  fit,  not  only  to  deny  us 
a  recess,  to  consult  our  constituents  in  regard  to  the  present  re- 


150  MASSACHUSETTS    STATE    PAPERS. 

quisition,  but  hath  assured  us,  in  effect,  that  you  shall  take  silence^ 
at  least  a  delay,  not  as  usual,  for  a  consent,  but  for  a  denial.  You 
have  also  thought  fit  to  inform  us,  that  you  cannot  think  yourseli 
at  liberty,  in  case  of  the  dissolution  of  this,  to  call  another  Assem 
bly,  without  the  express  orders  of  his  Majesty,  for  that  purpose ; 
and  at  the  same  time,  your  Excellency  lias  been  pleased  to  assure 
us,  that  you  have  communicated  the  whole  of  Lord  Hillsborou^h's 
letfer,  and  your  instructions,  so  far  as  relates  to  the  requisition. 
In  all  this,  however,  we  cannot  find,  that  your  Excellency  is  more 
than  directed  ,to  dissolve  the  present  Assembly,  in  case  of  a  non- 
compliance  on  the  part  of  the  House.  If  the  votes  of  the  House 
are  to  be  controlled  by  the  direction  of  a  minister,  we  have  left  us 
Jbut  a  vain  semblance  of  liberty.  We  know  it  to  be  the  just  prero 
gative  of  the  Crown,  at  pleasure  to  dissolve  a  Parliament  5  we  are 
also  sensible,  that,  consistently  with  the  great  charter  of  this  pro 
vince,  your  Excellency,  when  you  shall  think  fit,  with  or  without 
the  intervention  of  a  minister,  can  dissolve  the  great  and  General 
Court  of  this  colony,  and  that,  without  the  least  obligation  to  con 
vene  another  within  the  year.  (TBut,  should  it  ever  grow  into  use, 
for  any  ill  disposed  Governor  of  the  province,  by  means  of  a  mis 
taken  or  wilful  wrong  state  of  facts,  to  procure  orders  for  a  disso 
lution,  the  same  charter  will  be  of  no  valife7J 

We  take  this  opportunity,  faithfully  to  represent  to  you¥  Excel 
lency,  that  the  new  revenue  acts  and  measures,  are  not  only 
disagreeable  to,  but  in  every  view,  are  deemed  an  insupportable 
burthen  and  grievance,  with  a  very  few  exceptions,  by  all  the  free 
holders  and  other  inhabitants  of  this  jurisdiction.  And  we,  beg 
leave,  once  for  all,  to  assure  your  Excellency,  that  those  of  this 
opinion,  are  of  "no  party,  or  expiring  faction."  They  have,  at 
all  times,  been  ready  to  devote  their  time  and  fortunes  to  his  Ma 
jesty's  service.  Of  loyalty-  this  majority  could  as  reasonably  boast, 
as  any  who  may  happen  to  enjoy  your  Excellency's  smiles.  Their 
reputation,  rank  and  fortune,  are,  at  least,  equal  to  those  who  may 
have  been  sometimes  considered  as  the  only  friends  to  good  gov 
ernment  ;  while  some  of  the  best  blood  in  the  colony,  even  in  the 
two  Houses  of  Assembly,  lawfully  convened,  and  duly  acting, 
have  been  openly  charged  with  the  unpardonable  crime  of  oppugn - 
ation  against  "the  royal  authority."  We  have,  now,  only  to  in 
form  your  Excellency,  that  this  House  have  voted  nbt  to  rescind, 
as  required,  the  resolution  of  the  last  House  ;  and  that,  on  a  di- 
v  vision  on  the  question,  there  were  ninety-two  nays,  and  seventeen 
V  yeas.  In  all  this,  we  have  been  actuated  by  a  conscientious,  and, 
^  finally,  a  clear  and  determined  sense  of  duty  to  God,  to  our  King, 
our  country,  and  our  latest  posterity  ;  and  we  most  ardently  wish, 
and  humbly  pray,  that  in  your  future  conduct,  your  Excellency 


may  be  influenced  by  the  same  principles^) 

[Governor  Bernard  prorogued  the  Gfeneral  Court,  the  day  the 
House  sent  him  the  above  message;  and  the  next  day,  by  procla 
mation,  dissolved  it.] 


MASSACHUSETTS    STATE    PAPERS.  151 


LETTER 

SROM  THE  HOUSE  OF  REPRESENTATIVES,  TO  LORD  H1LLSBOROUGH., 
JUNE  30,  1763, 

My  Lord, 

*  —  t 

His  Excellency  the  Governor  of  this  province,  has  been  pleased  * 
to  communicate  to  the  House  of  Representatives,  extiacts  of  a  letter 
lie  had  received  from  your  Lordship,  dated  Whitehall,  22d  of  April, 
1768  ;  wherein  it  is  declared  to  be  the  royal  pleasure,  that  he  should 
require  of  them,  in  his  Majesty's  name,  to  rescind  the  resolution, 
which  gave  birth  to  a  circular  letter  from  the  Speaker  of  the  last 
House,  and  to  declare  their  disapprobation  of,  and  dissent  to,  that 
rash  and  hasty  proceeding. 

The  House  are  humbly  of  opinion,  that  a  requisition  from  the 
throne,  of  this  nature,  to  a  British  House  of  Commons,  has  been 
very  unusual  ;  perhaps  there  has  been  no  such  precedent  since  the 
revolution.  If  this  be  the  case,  some  very  aggravated  representa 
tions  of  this  measure,  must  have  been  made  to  his  Majesty,  to  induce 
him  to  require  of  this  House,  to  rescind  a  resolution  of  a  formet 
House,  upon  pain  of  forfeiting  their  existence.  For,  my  Lord,  the 
House  of  Representatives,  duly  elected,  are  constituted  by  the  roy 
al  charter,  the  representative  body  of  his  Majesty's  faithful  commons 
of  this  province,  in  the  General  Assembly.  Your  Lordship  is 
pleased  to  say,  that  his  Majesty  considers  this  step  "  as  evidently 
tending  to  create  unwarrantable  combinations,  and  to  excite  an  un 
justifiable  opposition  to  the  constitutional  authority  of  Parliament," 
The  House,  therefore,  thought  it  their  indispensable  duty,  immedi 
ately  to  revise  the  letter  referred  to  ;  and  carefully  to  recollect  as 
far  as  they  were  able,  the  sentiments  which  prevailed  in  the  House, 
to  induce  them  to  revert  to,  and  resolve  on  the  measure. 

It  may  be  necessary  to  observe,  that  the  people  in  this  province 
have  attended,  with  a  deep  concern,  to  the  several  acts  of  the  British 
Parliament,  which  impose  duties  and  taxes  on  the  colonies  ;  riot  for 
the  purpose  of  regulating  the  trade,  but  with  the  solp-  i 


jraisinff  a,  revenue.  This  concern,  my  Lord,  so  far  from  being  lim- 
iteH  within  the  circle  of  a  few  inconsiderate  persons,  is  become 
universal.  The  most  respectable  for  fortune,  rank  and  station,  as 
well  as  probity  and  understanding,  in  the  province,  with  very  few 
exceptions,  are  alarmed  with  apprehensions  of  the  fatal  consequen 
ces  of  a  power  exercised  in  any  one  part  of  the  British  empire,  to 
command  and  apply  the  property  of  their  fellow  subjects  at  discre 
tion.  This  consideration  prevailed  on  the  last  House  of  Represen 
tatives,  to  resolve  on  a  humble,  dutiful,  and  loyal  petition  to  the 
King,  the  common  head  and  father  of  all  his  people,  for  his  gracious 


f  At* 
^"V    " 


MASSACHUSETTS  STATE  PAPERS. 

interposition,  in  favor  of  his  subjects  of  this  province^  If  your  Lord 
ship,  whom  his  Majesty  has  honored  with  the  American  department, 
has  been  instrumental  in  presenting  a  petition,  so  interesting  to  the 
well  being  of  his  loyal  subjects  here,  this  House  beg  leave  to  make 
their  most  grateful  acknowledgments,  and  to  implore  your  contin- 

i      ued  aid  and  patronage. 

\  As  all  'his  Majesty's  North  American  subjects  are  alike  affected 
ky  these  parliamentary  revenue  acts,  the  former  House  very  justly 
supposed,  that  each  of  the  Assemblies  on  the  continent,  would  take 
such  methods  of  obtaining  redress,  as  should  be  thought  by  them 
respectively,  to  be  regular  and  proper.  And  being  desirous,  that 
*ne  several  applications  should  harmonize  with  each  other,  they  re 
solved  on  their  circular  letter  ;  wherein  their  only  view  seems  to  be, 
to  advertise  their  sister  colonies  of  the  measures  they  had  taken 
upon  a  common  and  important  concern,  without  once  calling  upon 
them  to  adopt  those  measures,  or  any  other. 

Your  Lordship,  surely,  will  not  think  it  a  crime  in  that  House, 
to  have  taken  a  step,  which  was  perfectly  consistent  with  the  con 
stitution  ;  and  had  a  natural  tendency  to  compose  the  minds  of  his 
Majesty's  subjects  of  this  and  his  other  colonies,  until,  in  his  royal 
clemency,  he  should  afford  them  relief,  at  a  time,  when  it  seemed  to 
be  the  evident  design  of  a  party,  to  prevent  calm,  deliberate,  ra 
tional  and  constitutional  measures  from  being  pursued  ;  or  to  stop 
the  distresses  of  the  people  from  reaching  his  Majesty's  ear,  and 
consequently  to  precipitate  them  into  a  state  of  desperation,  and 
melancholy  extremity.  Thus,  my  Lord,  it  appears  to  this  House  ; 
and  your  Lordship  will  impartially  judge,  whether  a  representation 
of  it  to  his  Majesty  as  a  measure  "of  an  inflammatory  nature"  — 
as  a  step  evidently  tending  "  to  create  unwarrantable  combinations," 
and,  "  to  excite  an  unjustifiable  opposition  to  the  constitutional  au 
thority  of  the  Parliament,"  be  not  injurious  to  the  representatives 
of  this  people,  and  an  affront  to  his  Majesty  himself. 

An  attempt,  my  Lord,  to  impress  your  royal  mind,  with  a  jealousy 
of  his  faithful  subjects,  for  which  there  are  no  just  grounds,  is  a 
crime  of  the  most  malignant  nature  ;  as  it  tends  to  disturb  and  de 
stroy  that  mutual  confidence  between  the  Prince  and  the  subjects, 
which  is  the  only  true  basis  of  public  happiness  and  security  ;  your 
Lordship,  upon  inquiry,  may  find  that  such  base  and  wicked  attempts 
have  been  made. 

It  is  an  inexpressible  grief  to  the  people  of  this  province,  to  find 
repeated  censures  falling  upon  them,  not  from  ministers  of  state 
alone,  but  from  majesty  itself,  grounded  on  letters  and  accusations 
from  the  Governor,  a  sight  of  which,  though  repeatedly  requested 
of  his  Excellency,  is  refused.  There  is  no  evil  of  this  life,  which 
they  so  sensibly  feel,  as  the  displeasure  of  their  Sovereign.  It  is  a 
punishment,  which  they  are  assured,  his  Majesty  would  never  inflict, 
but  upon  a  representation  of  the  justice  of  it,  from  his  servants,  whom 


MASSACHUSETTS   STATE    PAPERS.  153 

he  Confides  in.  Your  Lordship  will  allow  the  House  to  appeal  to 
your  own  candor,  upon  the  grievous  hardship  of  their  being  made  to 
suffer  so  severe  a  misfortune,  without  ever  being  called  to  answer 
for  themselves,  or  even  made  acquainted  with  the  matters  of  charge 
alleged  against  them :  A  right,  which,  by  the  common  rules  of  so 
ciety,  founded  in  the  eternal  laws  of  reason  and  equity,  they  are 
justly  entitled  to.  The  House  is  not  willing  to  trespass  upon  your 
patience.  They  could  recite  numbers  of  instances,  since  Governor 
Bernard  has  been  honored  by  his  Majesty,  to  preside  over  this  prov 
ince,  of  their  suffering  the  King's  displeasure,  through  the  instru 
mentality  of  the  Governor,  intimated  by  the  Secretary  of  State? 
without  the  least  previous  notice,  that  they  had  ever  deviated  from 
the  path  of  their  duty.  This,  they  humbly  conceive,  is  just  matter 
of  complaint,  and  it  may  serve  to  convince  your  Lordship,  that  his 
Excellency  has  not  that  tender  feeling  for  his  Majesty's  subjects, 
which  is  characteristic  of  a  good  Governor,  and  of  which  the  Sove 
reign  affords  an  illustrious  example. 

It  is  the  good  fortune  of  the  House,  to  be  able  to  show,  that 
the  measure  of  the  last  House,  referred  to  in  your  Lordship's 
letter  to  the  Governor,  has  been  grossly  misrepresented,  in  all  its 
circumstances.  And  it  is  matter  of  astonishment,  that  a  transaction 
of  the  House,  the  business  of  which,  is  constantly  done  in  the  open 
view  of  the  world,  could  be  thus  colored  ;  a  transaction  which,  by 
special  order  of  the  House,  was  laid  before  his  Excellency,  whose 
duty  to  his  Majesty  is,  at  least,  not  to  misinform  him. 

His  Excellency  could  not  but  acknowledge,  in  justice  to  that 
House,  that  moderation  took  place  in  the  beginning  of  the  session. 
This  is  a  truth,  my  Lord.  It  was  a  principle  with  the  House,  to 
conduct  the  affairs  of  government  in  this  department,  so  as  to  avoid 
the  least  occasion  of  offence.  As  an  instance  of  their  pacific  dispo 
sition,  they  granted  a  further  establishment  for  one  of  his  Majesty's 
garrisons  in  the  province,  rather  to  gratify  his  Excellency,  who  had 
requested  it,  than  from  a  full  conviction  of  its  necessity.  But  your 
Lordship  is  informed,  that  this  moderation  "  did  not  continue  ;"  and 
that,  "  instead  of  a  spirit  of  prudence  and  respect  for  the  constitu 
tion,  wrhich  seemed  at  that  time  to  influence  the  conduct  of  a  large 
majority  of  the  members,  a  thin  House  at  the  end  of  the  session, 
presumed  to  revert  to,  and  resolve  on  a  measure  of  an  inflammatory 
nature  ;"  that  it  was  an  "unfair  proceeding" — "contrary  to  the 
real  sense  of  the  House  ;"  and  "  procured  by  surprise."  My  Lord, 
the  journals  and  minutes  of  the  House  will  prove  the  contrary  of  all 
this.  And  to  convince  your  Lordship,  the  House  beg  leave  to  lay 
before  you,  the  several  resolutions  relating  to  these  matters,  as  they 
stand  recorded. 

The  House  having  finished  their  petition  to  the  King,  and  their 
letters  to  divers  of  his  Majesty's  ministers  ;  a  motion  was  regularly 
made  on  the  21st  of  January ;  which  was  the  middle  of  the  session, 
20 


MASSACHUSETTS    STATE    PAPERS. 

and  a  resolution  was  then  taken,  to  appoint  a  time  to  consider  the 
expediency  of  writing  to  the  Assemblies  of  the  other  colonies  on  this 
continent,  with  respect  to  the  importance  of  their  joining  with  them, 
in  petitioning  his  Majesty  at  this  time.  Accordingly,  on  the  day 
assigned,  there  being  eighty-two  members  present,  a  number  always 
allowed  to  be  sufficient  to  make  a  full  House,  the  question  was  de 
bated  ;  in  consequence  of  which,  a  motion  took  place,  that  letters 
be  wrote  to  the  several  Assemblies  of  the  provinces  and  colonies 
on  the  continent^  acquainting  them,  that  the  House  had  taken  into 
consideration,  the  difficulties  to  which  they  are,  and  must  be  reduced, 
by  the  operation  of  the  late  acts  of  Parliament,  for  levying  duties 
and  taxes  on  the  colonies  ;  and  have  resolved  on  a  humble,  dutiful 
and  loyal  petition  to  his  Majesty,  for  redress  ;  and  also  upon  proper 
representations  to  his  Majesty's  ministers  on  the  subject.  And  to 
desire,  that  they  would  severally  take  such  constitutional  measures 
thereupon,  as  they  should  judge  most  proper.  And  the  question 
upon  the  motion,  passed  in  the  negative.  On  Thursday,  the  4th  of 
February,  it  was  moved  in  the  House,  that  the  foregoing  question 
be  considered,  so  far  as  to  leave  it  at  large  ;  and  conformable  to  a 
standing  rule  of  the  House,  that  no  vote  or  order  shall  be  reconsidered 
at  any  time,  unless  the  House  be  as  full,  as  when  such  vote  or  order 
was  passed  ;  the  number  in  the  House  was  called  for,  and  it  appear 
ing  that  eighty-two  members  were  present,*  the  question  was  put, 
and  passed  in  the  affirmative,  by  a  large  majority  ;  and  by  an  imme 
diately  subsequent  resolvej  the  first  vote  was  ordered  to  be  erased. 
The  same  day,  the  resolution  which  gave  birth  to  the  circular  letter, 
took  place,  a  question  being  regularly  moved  and  fairly  debated, 
whether  the  House  would  appoint  a  committee  to  prepare  a  letter,  to 
be  sent  to  each  of  the  Houses  of  Representatives  and  Burgesses  on 
the  continent,  to  inform  them  of  the  measures  which  this  House  has 
taken,  with  regard  to  the  difficulties  arising  from  the  acts  of  Par 
liament  for  levying  duties  and  taxes  on  the  American  colonies,  and 
report  to  the  House,  which  passed  in  the  affirmative  ;  and  a  com 
mittee  was  appointed  accordingly.  This  committee,  after  delibera 
ting  a  week,  reported  the  letter,  which  was  read  in  the  House,  and 
accepted,-  almost  unanimously  ;  and  fair  copies  of  the  same  were  or 
dered  to  be  taken,  for  the  Speaker  to  sign,  and  forward  as  soon  as 
might  be.  And  this  day,  there  were  eighty-three  members  in  the 
House. 

The  day  following,  an  order  passed,  that  a  fair  copy  of  the  letter 
be  transmitted  to  Dennis  De  Berdt,  Esq.  in  London.  The  design 
of  which  was,  that  he  might  be  able  to  produce  it,  as  necessity  might 
require,  to  prevent  any  misrepresentation  of  its  true  spirit  and 
design.  , 

*  The  same  number  as  before.  It  is  to  be  observed,  that  the  House,  at  that  time,  consisted 
of  about  one  hundred  and  ten  members.  By  the  royal  charter,  forty  makes  a  quorum* 
Hence  it  appears,  that  eighty-two  members  are  more  than  double  the  number,  sufficiently  le 
gal,  to  transact  business,  and  were  then  three  quarters  of  the  whole  House. 


MASSACHUSETTS    STATE    PAPERS.  155 

On  Saturday,  the  13th  of  February,  in  order  that  no  possible  oc 
casion  might  be  taken  by  the  Governor,  to  think,  that  the  debates 
and  resolutions  were  designed  to  be  kept  a  secret  from  his  Excel 
lency,  the  House  came  to  the  following  resolution,  viz.  :  Whereas 
this  House  hath  directed,  that  a  letter  be  sent  to  the  several  Houses 
of  Representatives  and  Burgesses  of  the  British  colonies  on  the  con 
tinent,  setting  forth  the  sentiments  of  this  House,  with  regard  to  the 
great  difficulties  that  must  accrue  by  the  operation  of  divers  acts  of 
Parliament,  for  levying  duties  and  taxes  on  the  colonies,  with  the 
sole  and  express  purpose  of  raising  a  revenue  ;  and  their  proceed 
ings  thereon,  in  a  humble,  dutiful,  and  loyal  petition  to  the  King, 
and  such  representations  to  his  Majesty's  ministers,  as  they  appre 
hend,  may  have  a  tendency  to  obtain  redress  :  And  whereas  it  is 
the  opinion  of  this  House,  that  all  effectual  methods  should  be  taken, 
to  cultivate  harmony  between  the  several  branches  of  this  gov 
ernment,  as  being  necessary  to  promote  the  prosperity  of  his  Majes 
ty's  government  in  this  province  ;  Resolved,  That  a  committee 
wait  on  his  Excellency  the  Governor,  and  acquaint  him,  that  a  copy 
of  the  letter  aforesaid,  will  be  laid  before  him,  as  soon  as  it  can  be 
drafted  ;  as  well  as  of  all  the  proceedings  of  this  House,  relative  to 
said  affair,  if  he  shall  desire  it.  And  a  committee  was  appointed, 
who  waited  on  his  Excellency  accordingly.  On  Monday  following, 
the  House  resolved  on  the  establishment  already  mentioned,  which 
is  observed,  only  to  shew  your  Lordship,  that  there  was,  at  this  time, 
no  disposition  in  the  House,  "to  revive  unhappy  divisions  and  dis 
tractions,  so  prejudicial  to  the  true  interest  of  Great  Britain  and  the 
colonies." 

The  House  beg  leave  to  apologize  to  your  Lordship,  for  the  trou 
ble  given  you  in  so  particular  a  narration  of  facts  ;  which  they 
thought  necessary  to  satisfy  your  Lordship,  that  the  resolution  of 
the  last  House,  referred  to  by  your  Lordship,  was  not  an  unfair  pro 
ceeding,  procured  by  surprise  in  a  thin  House,  as  his  Majesty  has 
been  informed  ;  but  the  declared  sense  of  a  large  majority,  when 
the  House  was  full  :  That  the  Governor  of  the  province  was  made 
fully  acquainted  with  the  measure  ;  and  never  signified  his  disap 
probation  of  it  to  the  House,  which  it  is  presumed,  he  would  have 
done,  in  duty  to  his  Majesty,  if  he  had  thought  it  was  of  evil  ten 
dency  :  And,  therefore,  that  the  House  had  abundant  reason  to  be  con 
firmed  in  their  own  opinion  of  the  measure,  as  being  the  production 
of  moderation  and  prudence.  And  the  House  humbly  rely  on  the 
royal  clemency,  that  to  petition  his  Majesty  will  not  be  deemed  by 
him  to  be  inconsistent  with  a  respect  to  the  BritisJi  constitution,  as 
settled  at  the  revolution,  by  William  the  Third  :  That  to  acquaint 
their  fellow  subjects,  involved  in  the  same  distress,  of  their  having 
done  so,  in  full  hopes  of  success,  even  if  they  had  invited  the  union 
of  all  America  in  one  joint  supplication,  would  not  be  discountenan 
ced  by  our  gracious  Sovereign,  as  a  measure  of  an  inflammatory 


156  MASSACHUSETTS  STATE  PAPERS. 

nature  :  That  when  your  Lordship  shall,  in  justice,  lay  a  true  state 
ment  of  these  matters  before  his  Majesty,  he  will  no  longer  consider 
them  as  tending  to  create  unwarrantable  combinations,  or  excite  an 
unjustifiable  opposition  to  the  constitutional  authority  of  the  Parlia 
ment  :  That  he  will  then  clearly  discern,  who  are  of  that  desperate 
faction,  which  is  continually  disturbing  the  public  tranquility  ;  and, 
that  while  his  arm  is  extended  for  the  protection  of  his  distressed 
and  injured  subjects,  he  will  frown  upon  all  those,  who,  to  gratify 
their  own  passions,  have  dared  even  to  attempt  to  deceive  him  ! 

The  House  of  Representatives  of  this  province,  have  more  than 
once,  during  the  administration  of  Governor  Bernard,  been  under 
a  necessity  of  intreating  his  Majesty's  ministers  to  suspend  their 
further  judgment  upon  such  representations  of  the  temper  of  the 
people,  and  the  conduct  of  the  Assembly,  as  they^were  able  to  make 
appear  to  be  injurious.  The  same  indulgence,  this  House  now  beg 
of  your  Lordship  ;  and  beseech  your  Lordship  to  patronize  them  so 
far,  as  to  make  a  favorable  representation  of  their  conduct  to  the 
King  our  Sovereign  ;  it  being^  the  highest  ambition  of  this  House, 
and  the  people  whom  they  represent,  to  stand  before  his  Majesty 
in  their  just  character,  of  affectionate  and  loyal  subjects. 


REPORT  AND  RESOLUTIONS 

OF  THE  COUNCIL,  JUNE  30,  1768. 

THE  committee  appointed  the   15th  instant,  to  inquire  into 
the  state  of  the  province,  made  report,  as  follows,  viz : — 

The  committee  appointed  by  the  foregoing  order,  find,  on  in 
quiry,  that  there  is  great  uneasiness  among  the  people  of  this 
province,  arising  from  the  several  causes  referred  to  in  the  resolves 
herewith  presented ;  which,  with  the  unusual  proceedings  relative 
to  the  seizure  made  in  Boston,  the  10th  instant,  gave  occasion  for 
the  tumultuous  and  unwarrantable  assembling  of  a  number  of  per 
sons  on  the  same  evening,  and  the  consequent  disorders  that  took 
place. 

The  committee  have  agreed  upon  the  following  resolves,  to  be 
passed  upon  this  occasion,  by  the  two  Houses,  if  they  think  proper, 
and  herewith  humbly  submit  them  to  their  consideration. 
Jn  the  name  of  the  committee, 

JOHN  ERVING. 

Whereas  there  has  been,  for  some  time  past,  a  general  uneasi 
ness  among  the  people  of  this  province,  occasioned  by  the  late  act 
of  Parliament  imposing  duties  upon  sundry  articles,  for  the  purpose 
of  raising  a  revenue,  as  also  by  the  appointment  of  a  Board  of 


MASSACHUSETTS  STATE  PAPERS.  157 

Commissioners ;  and  the  inhabitants  of  the  province,  by  the  act 
and  appointment  aforesaid,  having  been  drained  of  their  money, 
and  greatly  distressed  in  their  trade  and  business  ;  and  it  being 
apparent,  that  the  money  collected,  has  been  applied  for  the  in 
creasing  of  officers,  to  a  number,  that  has  a  very  disagreeable  aspect 
on  the  future  welfare  of  this  people  : 

Resolved,  That  the  two  Houses  will  immediately  take  under 
consideration,  and  make  strict  inquiry  into  all  the  grievances  com 
plained  of  as  aforesaid  ;  and  into  the  new  and  unprecedented  pro 
cedure  of  the  custom  house  officers,  with  regard  to  the  seizure 
below  mentioned  ;  and  take  such  measures,  and  make  such  repre 
sentations  to  his  Majesty  and  his  Parliament,  as  may  tend  to  pro 
cure  the  redress  of  said  grievances. 

And  whereas,  on  Friday,  the  10th  instant,  towards  the  evening, 
a  vessel  was  seized  in  Boston,  by  several  of  the  officers  of  the 
customs,  and  immediately  after,  upon  a  signal  given  by  one  of  the 
said  officers,  one  or  more  armed  boats  from  the  Romney  man  of 
war,  took  possession  of  her,  cut  her  fasts,  and  carried  her  from 
the  wharf  where  she  lay,  into  the  harbor,  alongside  the  Romney, 
which  occasioned  a  number  of  people  to  be  collected,  who,  from  the 
violence  and  unprecedentedness  of  the  procedure,  with  regard  to 
the  carrying  off' said  vessel,  and  the  reflection  thereby,  upon  the 
inhabitants  of  the  town,  as  disposed  to  rescue  any  seizure  that 
might  be  made,  took  occasion  to  insult  and  abuse  said  officers,  and 
afterwards  to  break  some  of  the  windows  of  their  dwelling  houses, 
and  commit  other  disorders,  in  disturbance  of  the  peace  of  his 
Majesty's  subjects,  and  in  breach  of  the  good  and  wholesome  laws 
of  this  province  : 

Resolved,  That,  although  the  extraordinary  circumstances  attend 
ing  the  said  seizure,  may  in  some  measure,  extenuate  the  crimi 
nality  of  the  riotous  proceedings  aforesaid  ;  yet  being,  notwith 
standing,  of  a  very  criminal  nature,  and  of  dangerous  consequence, 
the  two  Houses  do  hereby  declare  their  utter  abhorrence  and 
detestation  of  them.  And'in  order  to  bring  the  perpetrators  to 
justice  ; 

Resolved,  That  his  Excellency  the  Governor  be  desired  to  direct 
the  Attorney  General  to  prosecute  all  persons  guilty  of  the  riot 
aforesaid  ;  or,  that  any  way  aided  or  abetted  the  same,  to  the  end, 
that  they  may  be  punished  agreeably  to  law.  And  for  discover 
ing  and  detecting  of  the  said  rioters  and  their  abettors,  his  Excel 
lency  the  Governor,  is  hereby  desired  to  issue  forthwith,  a  procla^- 
ination,  offering  a  reward  of  to  such  person  or  persons,  as 

shall  make  such  discovery,  so  as  that  said  rioters  and  abettors 
may  be  brought  to  condign  punishment. 

[The  House  of  Representatives  was  engaged  on  some  very  in 
teresting  subject,  when  the  above  was  sent  down  to  tlrem,  from 
the  Council,  and  did  not  admit  the  message.  And  the  same  day, 
the  House  was  prorogued,  and  the  day  following,  dissolved  ;  so 
that  they  never  acted  on  the  subject.] 


158  MASSACHUSETTS  STATE  PAPERS. 


NOTE  OF  THE  EDITOR. 

[June  30,  1768,  the  day  the  General  Court  was  prorogued,  the 
Council  being  in  session,  a  committee  of  the  Board  was  appointed, 
composed  of  the  following  gentlemen  :  W.  Brattle,  J.  Bowdoin,  J. 
Russell,  T.  Flucker,  and  R.  Tyler,  to  consider  the  state  of  the 
province,  and  to  report  what  they  should  consider  proper  to  be  laid 
before  his  Majesty,  respecting  the  same.  July  7th,  Mr.  Bowdoin, 
from  the  aforesaid  committee,  reported  the  draft  of  an  address  to 
the  King,  which  was  accepted ;  and  Governor  Bernard  was  re 
quested  to  forward  the  same  to  his  Majesty's  Secretary  of  State. 
In  this  address,  the  Council  state  the  services  ar,d  expenses  of  the 
province,  for  many  former  years ;  they  complain  of  the  acts  of 
Parliament,  laying  duties,  as  extremely  burdensome,  as  the  debt  of 
the  province,  incurred  chiefly  to  pay  the  troops  who  had  lately 
joined  with  the  British  in  defending,  securing  and  extending  his 
Majesty's  dominions,  was  very  great.  They  declared  their  readi 
ness  to  submit  to  all  lawful  authority;  acknowledged  their  alle 
giance,  and  professed  their  sincere  loyalty  to  the  King;  and  prayed 
that  the  charter  rights  and  privileges  of  the  people  might  not  be 
wrested  from  them,  on  account  of  any  representations  made  as  to 
their  disaffection  to  the  Crown,  or  opposition  to  constitutional 
statutes.*  Soon  after  this,  the  Council  was  convened  by  the  Gov 
ernor,  when  he  stated  to  the  Board,  that  a  riot  had  taken  place,  in 
which  some  of  the  officers  of  the  customs  were  insulted,  in  conse 
quence  of  their  having  seized  a  vessel  belonging  to  a  merchant  of 
Boston,  on  a  suggestion  of  her  having  goods  liable  to  impost,  but 
which  there  was  an  attempt  to  secrete,  and  thus  avoid  the  payment 
of  duties.  It  will  be  seen  above,  in  this  volume,  what  were  the 
views  and  feelings  of  the  Council,  in  reference  to  this  affair.  The 
Council  expressed  their  disapprobation  of  the  riot,  and  declared 
their  readiness,  in  all  regular  and  proper  methods,  to  assist  in  bring 
ing  the  authors  of  it  to  punishment.  They,  however,  stated,  that 
the  seizure  of  the  vessel  was  attended  with  circumstances  highly 
insulting  and  irritating  to  the  feelings  of  the  citizens  ;  and  gave  it 
as  their  opinion,  that  the  officers  of  the  customs  would  not  have 
been  insulted,  but  for  the  unprecedented  manner  in  which  the 
seizure  was  made  ;  which  was  by  several  barges  of  armed  men, 
from  a  British  man  of  war,  then  lying  in  the  harbor.  The  officers 
of  the  customs,  affected  to  believe,  that  they  could  not  safely  re 
main  in  Bqston  ;  and  they  retired  to  the  ship  of  war,  lying  near 
the  Castle,  and  afterwards  to  that  fortress,  then  commanded  by 
British  regular  troops,  where  they  remained  for  many  weeks. 
Considering  the  great  irritation  of  the  people,  produced  by  recent 
oppressive  and  arbitrary  measures,  they  were,  perhaps,  liable  for 

*  In  November  following,  the  Council  forwarded  a  petition  to  Parliament,  very  similar, 
iu  its  spirit  and  arguments,  to  the  address  before  presented  to  the  King;. 


MASSACHUSETTS    STATE    PAPERS.  159 

a  time,  to  some  insults.  But  the  Council  uniformly  appeared 
ready  to  support  the  government  and  the  laws,  and  decidedly  ex 
pressed  their  disapprobation  of  all  riots.  The  subject  was  long  in 
agitation,  between  the  Governor  and  Council.  He  endeavored  to 
bring  them  into  the  dilemma  of  justifying  the  conduct  of  the  offi 
cers  of  the  customs,  and  interposing,  directly,  by  an  executive 
act,  for  their  protection,  or  of  countenancing  the  riot  which  had 
taken  place,  and  being  identified  with  those  who  meant  to  op 
pose,  forcibly  and  overtly,  the  King's  authority.  He  endeavored, 
by  the  letters  he  wrote  to  Lord  Hillsborough,  to  have  it  believed 
in  England,  that  the  latter  was  true;  and  that  even  the  Council 
was  a  factious,  disorderly  body,  unwilling  to  support  the  authority 
of  government,  and  a'ding  the  people  in  their  opposition  to  the 
laws.  In  their  proceedings,  however,  they  were  temperate  and 
prudent,  yet  firm  and  judicious.  They  resisted  the  intrigues  of 
Governor  Bernard,  who  strove  to  make  them  acquiesce  in  the  ar 
bitrary  measures  of  the  British  ministry,  and  appealed  to  constitu 
tional  principles,  as  paramount  to  the  temporary  statutes  of  Par 
liament,  as  well  as  to  particular  orders  from  the  King's  Privy 
Council .  Another  important  question  was,  at  this  period,  discussed 
by  the  Council  of  this  province,  in  consequence  of  an  application 
from  Governor  Bernard,  for  quarters  for  two  British  regiments, 
•which  were  ordered  here  from  Halifax,  and  two  more  from  Ireland. 
The  Council  consented,  and  advised  that  the  two  first  be  quar 
tered  in  the  barracks,  at  Castle  Island  ;  and  that  the  municipal 
authority  of  the  town  of  Boston,  be  consulted  as  to  the  other  two 
regiments.  The  Selectmen  declined  doing  any  thing  on  the  sub 
ject.  The  Governor  then  requested  the  Council  to  furnish  quarters 
for  one  regiment,  in  the  Manufactory  House,  in  Boston,  belonging 
to  the  province.  The  Council  did  not  consent  to  the  proposal, 
assigning  as  a  reason,  for  not  complying,  that  the  act  of  Parlia 
ment,  in  relation  to  the  subject,  provided,  that  the  regular  troops 
of  the  Crown  should  be  placed  in  the  public  barracks  ;  and  that 
no  military  officer,  nor  even  the  civil  executive,  was  competent  to 
oblige  any  town,  or  the  Council,  to  furnish  other  quarters  for  them ; 
and  they  expressed  the  opinion,  that  it  belonged  to  the  municipal 
authority,  and  not  to  the  Board,  to  decide  as  to  the  quartering  the 
troops  in  Boston.  One  regiment,  however,  was  landed  in  Boston, 
notwithstanding  this  opposition,  both  of  the  town  and  the  Executive 
Council  of  the  province  ;  and  the  Governor,  then  demanded  of 
the  Council,  certain  articles  of  provisions  for  the  troops.  The 
Council  advised,  after  some  hesitation  and  delay,  that  the  troops 
be  furnished  with  the  articles  needed,  provided  it  were  not  done 
at  the  particular  expense  of  the  province.  This  decision  was  not 
pleasing  to  the  Governor  ;  and  he  took  occasion  to  represent  the 
conduct  of  the  Council  very  unfavorably  to  the  British  ministers ; 
and  stated  anew  the  imbecility  of  the  executive,  while  thus  com 
posed  of  men  chosen  by  the  people  in  the  province.  To  his  state- 

1 


160  MASSACHUSETTS  STATE  PAPER'S. 

ments,  it  was  also,  undoubtedly  owing,  that  the  administration 
ordered  so  many  regular  troops  to  be  sent  and  stationed  here  ; 
whose  presence  was  intended  to  awe  the  people  into  submission  to 
the  arbitrary  measures  which  had  been  adopted  by  Parliament,  in 
relation  to  the  government  of  the  colonies.  In  April,  1769,  the 
Council  addressed  a  long  letter  to  Lord  Hillsborough,  vindicating 
their  conduct,  with  reference,  both  to  the  riot,  and  quartering  of 
the  British  regulars.;  in  which  they  discovered  their  attachment  to 
the  rights  of  the  people,  and  their  loyalty  to  the  King ;  and  ex 
posed  the  intrigues,  and  the  misrepresentations  of  Governor  Ber 
nard.  When  a  new  General  Court  met  in  May,  1769,  the  follow 
ing  resolve  was  passed  by  the  House  of  Representatives,  expressing 
their  sense  of  the  zeal  and  attention  of  the  Council  to  the  public 
interest.] 

Resolve  of  the  House  of  Representatives,  June9  1769. 

vCbe  House  having  taken  into  consideration,  certain  copies  of 
letters,  written  by  Governor  Bernard,  to  the  Karl  of  Hillsborough, 
one  of  his  Majesty's  principal  Secretaries  of  State,  in  November  and 
December  last,  and  which  were  transmitted  to  the  late  Council,  by 
Mr.  Bollan,  and  at  the  desire  of  the  House,  have  been  communicated 
by  the  present  Council  ;  in  which  letters,  his  Majesty's  loyal  sub 
jects  of  this  colony,  in  general,  as  well  as  his  Majesty's  Council, 
are  traduced,  and  represented  in  a  most  odious  and  unjust  light  to 
his  Majesty's  ministersjjThe  House,  having  also,  carefully  read 
and  considered  the  remarks  which  the  Council  has  made  thereon, 
in  their  letters  to  his  Lordship,  copies  of  which  have  also  been  com 
municated  at  the  desire  of  the  House  : 

Resolved,  That  the  House  do  highly  approve  of,  and  have  an  en 
tire  satisfaction  in  the  zeal  and  attention  of  the  late  Council  to  the 
public  interest,  not  only  in  thus  vindicating  their  own  character, 
but  guarding  their  country  from  meditated  ruin,  by  truly  stating 
facts,  and  justly  representing  the  duty  and  loyalty  of  this  people, 
at  that  critical  time,  when  the  Governor  of  the  province"  wantonly 
dissolved  the  General  Assembly,  and  arbitrarily  refused  to  call 
another,  upon  the  repeated  and  dutiful  petitions  of  the  people. 


LETTER 

PROM  D.  DE  BERDT,  ESQ.  AGENT  FOR  THE  PROVINCE,  IN  ENGLAND,  TO  THE 
SPEAKER  OF  THE  HOUSE  OF  REPRESENTATIVES. 

London,  July  29,  1768. 

SIR, 

SINCE  my  last,  (May  14th,)  I  have  received  nothing  from  you  ; 
but  several  interesting  affairs  have  arisen,  of  which  I  thought  it  my 
duty  to  acquaint  the  House,  though  of  a  disagreeable  nature. 


MASSACHUSETTS  STATE  PAPERS.  161 

I  have  lately  bad  a  conference  with  Lord  Hillsborough,  relating 
to  your  circular  letter  to  the  other  provinces,  which  greatly  dis 
pleased  the  administration  5  some  of  whom,  say  it  is  little  better 
than  an  incentive  to  rebellion.  But  they  look  on  it  as  the  senti 
ments  of  a  party  only,  as  it  was  rejected,  in  a  full  House,  the  be 
ginning  of  the  session,  and  taken  up  again  at  the  end  of  it,  when 
the  House  was  thin.*  Though  1  can  see  nothing  unjust  or  unrea 
sonable  in  it,  yet  if  some  healing  measures  are  not  pitched  upon, 
consequences  may  be  very  serious.  You  have  already,  two  regi 
ments  from  New  York,  quartered  upon  you,  and  my  Lord  men 
tioned  another  to  be  embarked ;  and  says,  it  has  been  resolved  in 
Council,  that  Governor  Bernard  have  strict  orders  to  insist  upon 
your  revoking  that  letter ;  and,  if  refused  by  the  House,  he  was 
immediately  to  dissolve  them.  Upon  their  next  choice,  he  was 
again  to  insist  on  it  ;  and,  if  then  refused,  he  was  to  do  the  like ; 
and  as  often  as  the  case  should  happen.  My  Lord  assured  me  of 
his  great  regard  for  America  5  nay,  said  if  I  did  not  represent  it  so, 
I  should  not  do  him  justice.  He  wished  nothing  so  much  as  a 
good  understanding  between  the  colonies  and  mother  country ;  and 
assured  me,  that  before  the  warm  measures  taken  on  your  side, 
had  come  to  their  knowledge,  he  had  settled  the  repeal  of  those 
acts,  with  Lord  North,  the  Chancellor;  but  the  opposition  you  had 
made,  rendered  it  absolutely'  necessary  to  support  the  authority  of 
Parliament,  which  the  ministry,  at  all  events,  are  determined  to 
do.  You  may  depend  on  my  strictest  attention  to  your  interest 
and  affairs,  whenever  you  please  to  give  me  any  fresh  instructions  : 
and  if  you  think  any  thing  further,  necessary  to  be  represented  to 
that  noble  Lord,  who  declares  himself  averse  to  any  severe  meas 
ures,  and  thinks  himself  very  unhappy  that  he  has  undertaken  the 
American  department,  when  the  affairs  are  in  such  convulsions. 
He  has  condescended  to  assure  me,  that,  whenever  I  have  any 
thing  further  to  urge,  I  should  have  free  access  to  him. 

With  great  respect,  yours,  &c.  D.  DE  BERDT. 


LETTER 

D.  DE  BERDT,  ESQ.  AGENT  IN  ENGLAND,  TO  THE   SPEAKER  OF  THE 
HOUSE  OF  REPRESENTATIVES, 

London^  August  29,  1768. 

I  DULY  received  yours  of  the  3d  of  June,  accompanying  a 
long  letter  from  Lord  Hillsborough,  which  I  yesterday  delivered 
him,  and  which  his  Lordship  will  answer  very  soon,  to  which  I  re- 

*  The  circular  was  sent  in  February >  1768,  and  will  be  found  above,  in  this  volume.  A  com- 
mittee  was  chosen,  February  4th,  to  prepare  the  circular  ,  and  reported  one  on  the  llth 
%vhich  was  then  adopted. 
21 


MASSACHUSETTS    STATE    PAPERS. 

fer  you  for  his  particular  sentiments.  I  was  with  him  a  full  hour, 
talking  over  American  affairs,  which  now  seem  to  be  under  the 
necessity  of  being  regulated  by  Parliament,  when  they  sit,  it  being 
neither  in  the  minister's  power,  nor  even  the  King  himself,  to  dis 
pense  with  the  laws,  or  revoke  them. 

CZ?e  wno^e  ministry  seem  united  in  this  one  point  5  then  when  a 
law^asses  the  legislature,  it  becomes  part  of  the  constitution  ; 
and  therefore  not  to  be  dispensed  with  or  opposed.  I  wish,  in  all 
your  applications,  you  had  left  the  matter  of  right  out  of  question, 
and  only  applied  for  a  repeal  of  the  laws,  as  prejudicial  to  the 
colonies  and  mother  country^  And  my  Lord  assured  me,  he  would 
have  used  his  interest  for  a  repeal  5  and  he  believes  he  should  have 
obtained  it,  which  now  with  him  is  a  matter  of  doubt. 

His  Lordship  is  fully  sensible  of  the  mischief  which  will  arise 
from  a  breach  with  the  colonies,  and  dreads  the  consequences. 
He  says  laws  must  be  supported,  or  we  sink  into  a  state  of  an 
archy,  which  he  thinks  must  be  avoided  at  all  events. 

I  mentioned  the  measure  of  sending  troops  to  America,  which 
he  said  were  about  this  time  arrived.  I  expressed  my  fears  that 
some  arbitrary  transactions  of  the  military  might  be  a  means  of  in 
flaming  the  people.  His  Lordship  assured  me  they  had  strict 
orders  to  preserve  the  peace,  and  act  in  concert  with  the  civil 
magistrate  ;  and  I  might  depend,  no  measures  would  be  taken,  but 
what  were  entirely  constitutional,  and  executed  with  as  much  len 
ity  as  the  law  would  admit. 

I  have  given  you,  out  of  a  tender  regard  for  your  welfare,  a 
summary  of  what  passed  with  that  minister,  and  doubt  not  your 
prudence  will  make  a  proper  use  of  it. 

"With  great  respect,  I  am,  &c. 

D.  DE  BERDT. 


LETTER 

OF  THE  COUNCIL  TO  LORD  HILLSBOROUGH,  J.UNE  12, 1769. 

My  Lord, 

THE  President  of  the  Council,  (Mr.  Danforth,)  for  the  last 
and  the  present  year,  having  communicated  to  this  Board,  a  copy 
of  a  letter,  dated  April  15,  1769,  sent  to  your  Lordship,  subscribed 
by  eleven  gentlemen,  being  the  major  part  of  the  members  of  the 
Council,  for  the  last  year,  in  answer  to  six  letters,  wrote  to  your 
Lordship,  by  Governor  Bernard,  dated  November  1,  5,  12,  14,  30, 
and  Decemoer  5,  1768 — They  have  unanimously  resolved,  that 
they  approve  of  the  measures,  taken  by  the  major  part  of  the  mem 
bers  of  the  last  year's  Council,  &c. ,  a  copy  of  which  resolves,  we 


MASSACHUSETTS    STATE    PAPERS.  163 

have  the  honor  to  inclose  to  your  Lordship.  As  the  gentlemen,, 
who  wrote  that  letter,  have  been  so  full  and  explicit  in  defending- 
themselves  and  the  province  against  the  Governor's  groundless  and 
injurious  charges,  we  have  the  less  reason  to  enlarge  upon  such  a 
disagreeable  subject.  However,  my  Lord,  if  it  appears  to  us,  that 
there  is  any  charge  against  the  Council,  in  either  of  the  aforemen 
tioned  letters,  to  which  there  has  either  been  no  answer,  or  if  men 
tioned,  not  so  fully  dilated  upon,  as  the  nature  of  the  offence,  with 
which  the  Board  are  charged,  does  require,  your  Lordship  will 
indulge  us  the  freedom,  further  to  address  you. 

Permit  us,  then,  my  Lord,  with  all  due  deference  to  your  Lord 
ship's  high  rank  and  station,  to  animadvert  with  freedom,  upon 
some  part  of  the  Governor's  aforementioned  letters. 

The  Governor  says,  in  one  of  his  letters,  "  the  Council  is  under 
awe  of  their  constituents,  by  the  frequent  removal  of  the  friends  of 
government,  &c."  Aspersions  of  the  like  nature,  are  several  times 
cast  upon  the  Council,  in  some  of  his  other  letters,  which,  for  the 
sake  of  avoiding  prolixity,  we  shall  not  repeat. 

My  Lord,  if  our  fondness,  for  a  seat  at  the  Board,  could  possibly 
influence. us  to  vote  and  advise  contrary  to  the  real  sentiments  of 
our  hearts,  the  Governor's  wanton  exercise  of  power,  in  his  fre 
quent  negatives,  put  upon  Counsellors  of  the  best  abilities,  either 
because  they  differed  from  him,  in  their  political  sentiments,  in 
some  instances,  or  from  resentment  to  the  House  of  Representa 
tives,  for  dropping  some  of  his  friends,  would  have  a  much  greater 
influence  upon  us,  to  fall  in  with  his  measures,  than  any  risk  we 
run  from  the  honorable  House,  in  what  he  calls  supporting  govern 
ment.  It  being  more  in  the  power  of  a  Governor  to  remove  a 
Counsellor,  than  it  is  in  the  House  ;  consequently,  if  we  had  any 
great  fondness  for  a  seat  at  the  Board,  we  should  act  inconsistently 
with  our  political  interest,  to  oppose  the  Governor  in  his  measures. 
But,  my  Lord,  we  can  with  great  truth,  say,  that,  while  we  have 
had  the  honor  to  be  members  of  his  Majesty's  Council,  we  have 
endeavored  to  discharge  a  good  conscience,  and  acted  our  part 
with  uprightness  and  integrity  ;  having  never  been  awed  into 
undue  conduct,  either  by  the  House  or  the  Governor  ;  and  the 
Governor's  insinuations  to  the  contrary?  are  unkind,  and  without 
foundation  ;  and  unless  we  can  act  with  the  same  freedom  as  usual., 
we  cannot  esteem  it  an  honor  to  be  of  that  body. 

That  the  Council  have  appeared,  of  late,  more  engaged  in  de 
fending  the  rights  of  the  province,  than  formerly,  may  be  a  fact, 
which  we  have  no  disposition  to  controvert  ;  be  that  as  it  may,  we 
beg  leave  to  observe,  that  it  never  was  so  much  the  incumbent  duty 
of  the  Council,  as  it  was  the  last  year,  to  defend  the  rights  of  the 
people.  For  upon  the  dissolution  of  the  General  Court,  the  Gov 
ernor  and  Council  are,  by  charter,  to  manage  the  affairs  of  the 
province  ;  so  that  the  last  year's  Council  had  double  duty  devolv 
ed  on  them.  Therefore?  it  was  justly  expected,  that  thoy  should 


164  MASSACHUSETTS  STATE  PAPERS. 

exert  themselves  in  defence  of  the  civil  rights  and  liberties  of  the 
people,  though,  at  the  same  time,  they  did,  and  we  hope  we  ever 
shall,  treat  the  Governor  with  that  respect,  that  is  due  to  the 
King's  representative.  And  your  Lordship  may  depend  upon  it, 
that  the  present  Council  will  be  as  free  to  assert  and  maintain  the 
just  prerogatives  of  the  Crown,  as  to  defend  the  rights  of  the 
people. 

We  beg  leave  further  to  observe,  my  Lord,  that  the  Governor, 
in  his  letter,  dated  November  the  1st,  speaking  of  the  address  to 
General  Gage,  says,  "  it  was  signed  by  fifteen  of  the  Council, 
among  whom,  were  five  who  knew  not  enough  of  the  town  to  vote 
for  the  safety  of  the  commissioners  returning,  but  knew  enough  to 
join  in  an  invective  against  them."  This  observation  of  the  Gov 
ernor's,  was,  no  doubt,  made  with  a  design  to  ridicule  the  conduct 
of  those  gentlemen,  and  to  represent  their  having  acted  an  incon 
sistent  part.  But,  we  cannot  conceive,  by  what  rules  of  logic  he 
can  charge  them  with  inconsistency.  For,  my  Lord,  may  not  the 
gentlemen  say  with  great  propriety,  as  they  were  not  inhabitants 
of  the  town  of  Boston,  but  lived  at  a  great  distance  from  it,  that 
they  knew  not  enough  of  the  temper  and  disposition  of  the  town  to 
say  that  it  was  safe  for  the  commissioners  to  return  ;  and  at  the 
same  time,  from  the  evidence  they  had  of  the  commissioners  be 
haviour  and  conduct  ever  since  they  have  been  in  office,  join  in 
what  the  Governor  calls  an  invective  against  them.  For  our  part, 
we  can  see  no  inconsistency  in  their  conduct  5  for  certainly  the 
commissioners  haughty  and  insolent  behavior  may  be  such  as  to 
expose  them  to  the  resentment  of  the  people ;  and  yet,  it  does  not 
necessarily  follow,  that  the  people  will  offer  the  least  insult  or  vio 
lence  to  them.  They  may,  or  they  may  not  ;  and  therefore,  as  it 
was  a  matter  of  uncertainty,  the  five  gentlemen  might  be  well  ex 
cused  from  voting  in  favor  of  the  safety  of  the  commissioners 
return.  And  the  Governor's  remark  upon  their  conduct,  shows 
rather  the  defect  of  his  reasoning,  than  any  inconsistency  in 
them. 

With  a  view  to  defeat  the  good  ends  proposed  by  the  major  part 
of  the  last  year's  Council,  in  their  petitions  to  the  two  Houses  of 
Parliament,  and  for  other  unjustifiable  reasons,  the  Governor  ac 
quaints  your  Lordship,  that  he  "  cannot  conceive,  that  all  the  per 
sons  who  met  at  the  several  meetings,  upon  the  occasion  of 
preparing  the  petitions,  put  together,  amount  to  the  number  of 
twelve  ;"  which  he  tells  your  Lordship  made  the  majority  of  the 
whole.  And  after  insinuating,  that,  by  a  majority,  might  only  be 
meant  four  persons  out  of  seven,  who  make  a  quorum  of  the  Coun 
cil,  in  his  postscript,  he  gives  your  Lordship,  what  he  calls  a  list 
of  the  names  of  those  members  who  passed  upon  the  petitions  ; 
which,  together,  make  no  more  than  eight.  We  persuade  ourselves, 
my  Lord,  that  you  will  not  imagine,  that  the  Council  of  last  year 
endeavored  to  impose  on  the  two  Houses  of  Parliament,  by  assert- 


MASSACHUSETTS   STATE    PAPERS.  165 

ing  their  petitions  to  have  been  the  doings  of  a  major  part,  when 
in  fact  they  were  not.  Who  furnished  the  Governor  with  the  list 
he  mentions,  we  cannot  say  ;  but  we  can  take  upon  us  to  assure 
you,  my  Lord,  that  the  names  of  Lincoln,  Brattle,  Gray  and  Rus 
sell,  ought  to  have  been  inserted  therein,  they  having  also  agreed 
to  the  petitions  ;  who,  with  the  eight  persons  in  the  Governor's 
list,  made  the  number  twelve,  being,  as  he  mentions,  a  majority  of 
the  whole.  Z 

This  information  will,  among  a  multitude  of  other  things,  serve  I 
to  convince  your  Lordship,  that  Governor  Bernard  has  spared  no 
pains,  to  vilify  the  Council,  and  prevent  the  success  of  their  appli 
cations  for  the  redress  of  the  grievances,  which  the  colonies  labor 
under  ;  and,  that  he  never  lost  sight  of  his  favorite  object,  the  ob 
taining  of  a  Council  by  mandamus  from  the  Crown.  And  the 
Board  are  at  a  loss,  how  to  reconcile  his  conduct  with  what  he  de 
clares  and  promises  to  your  Lordship,  in  his  letter  of  the  30th 
of  November  last;  in  which  he  says,  "your  Lordship  may 
depend  upon  it,  that  my  informations  have  been,  and  shall  be, 
dictated  by  the  spirit  of  truth  and  candor  ;"  when  there  is  scarcely 
any  thing  in  either  of  his  letters,  but  what  is  in  direct  opposition 
to  both. 

It  gives  us  the  deepest  concern,  to  find,  by  one  of  the  resolutions, 
passed  by  the  Lords,  and  afterwards  agreed  to  by  the  Commons, 
that  the  Council  of  this  province  have  been  censured,  as  nqt  exert 
ing  themselves,  in  suppressing  riots.  And,  we  are  firmly  persuaded, 
that  the  Council  would  have  escaped  the  displeasure  of  the  two 
Houses  of  Parliament,  had  it  not  been  for  the  gross  misrepresenta 
tions  of  Governor  Bernard,  transmitted  to  your  Lordship  ;  which, 
we  are  constrained  to  say,  we  consider  not  only  as  extremely 
cruel,  with  respect  to  the  Council,  but  as  an  high  imposition  onj 
your  Lordship,  and  even  Majesty  itself.  """"^ 

You  will  allow  us  to  say,  my  Lord,  that  no  Council  on  the  con 
tinent,  not  even  those  appointed  by  the  King,  have  a  greater  aver 
sion  to  riots  and  disorders  ;  nor  have  any  of  them  exerted  them 
selves  more  to  suppress  them,  than  his  Majesty's  loyal  subjects,  the 
Council  of  Massachusetts  Bay. 

Had  their  conduct  been  truly  represented,  instead  of  censure, 
they  would  have  met  with  the  highest  approbation.  And  if  those, 
whose  immediate  business  it  is  to  suppress  mobs  and  riots,  (against 
whom,  no  complaint  has  been  exhibited  by  the  Governor,)  had  done 
their  duty,  some  of  the  disorders  might  have  been  prevented.  The 
Council,  my  Lord,  have  now  done  with  their  observations  on  Gov 
ernor  Bernard's  letters,  and  they  doubt  not,  your  Lordship  will 
consider  what  they  have  written,  in  answer  to  his  charge,  against 
the  Council,  as  equally  applicable  to  what  has  been  objected  against 
them,  of  the  same  nature,  by  his  Excellency  General  Gage,  in  his 
letter  to  your  Lordship,  of  the  31st  of  October  last ;  on  which  we 
shall  only  make  this  further  remark,  that  the  General  being  a 


166  MASSACHUSETTS    STATE    PAPERS. 

stranger  in  the  province,  and  but  just  arrived,  could  not  possibly 
speak  from  his  own  knowledge  ;  but  must  have  received  his  account 
of  the  people,  and  of  the  Council,  in  particular,  from  a  quarter, 
which  it  is  needless  to  point  out  to  your  Lordship. 

We  will  not  further  trespass  on  'your  Lordship's  patience.  In 
truth,  my  Lord,  our  own  is  almost  exhausted.  The  Council  have 
had  such  repeated  occasions  to  observe  upon,  and  lament  the  un 
kind  treatment  of  Governor  Bernard  towards  the  people,  that  the 
subject  has  become  extremely  disagreeable  to  us. 

We  have  only  to  add,  that  we  apprehend  it  needful  to  acquaint 
your  Lordship  that  Samuel  White,  Esquire,  one  of  the  last  year's 
Council,  dying  between  the  passing  of  the  petitions  above  referred 
to,  and  the  time  of  writing  the  letter  to  your  Lordship,  of  the  15th 
of  April  last,  eleven,  at  the  last  mentioned  time,  made  a  majority 
of  the  whole. 

We  have  the  honor  to  be,  with  great  truth  and  regard,  my  Lord, 
your  Lordship's  most  obedient,  and  most  humble  servants, 

S.  DANFORTH, 
President  of  the  Council,  and  in  their  behalf. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR, 
MAY  31, 1769,  THE  DAY  OF  GENERAL  ELECTION. 

May  it  please,  your  Excellency, 

THE  great  General  Court,  or  Assembly  of  this  province,  being 
once  more  convened  by  virtue  of  the  authority  with  which  you  are 
invested  by  the  royal  charter ;  the  House  of  Representatives  think 
it  their  indispensable  duty,  under  the  present  aspect  of  affairs  in 
the  province,  on  their  part,  to  claim  that  constitutional  freedom 
which  is  the  right  of  this  Assembly,  and  is  of  equal  importance 
with  its  existence. 

We  take  this  opportunity  to  assure  your  Excellency,  that  it  is 
the  firm  resolution  of  this  House,  to  promote,  to  the  utmost  of  their 
power,  the  welfare  of  the  subject,  and  support  his  Majesty's  author 
ity  within  this  jurisdiction  ;  to  make  a  thorough  inquiry  into  the 
grievances  of  the  people,  and  have  them  redressed  ;  to  amend, 
strengthen,  and  preserve  the  laws  of  the  land  ;  to  reform  illegal 
proceedings  in  administration,  and  support  the  public  liberty. 
These  are  the  great  ends  for  which  this  Court  is  assembled. 
FA  resolution  so  important,  demands  a  parliamentary  freedom  in 
me""  debates  of  this  Assembly.  We  are  therefore  constrained,  thus 
early,  to  remonstrate  to  your  Excellency,  that  an  armaihent  by  sea 


MASSACHUSETTS    STATE    PAPERS.  167 

and  land,  investing  this  metropolis,  and  a  military  guard,  with 
cannon  pointed  at  the  very  door  of  the  state  house,  where  this  As 
sembly  is  held,  is  inconsistent  with  that  dignity,  as  well  as  that 
freedom,  with  which  we  have  a  right  to  deliberate,  consult  and 
determine. 

The  experience  of  ages  is  sufficient  to  convince,  that  the  mili 
tary  power  is  ever  dangerous,  and  subversive  of  free  constitutions. 

The  history  of  our  own  nation  affords  instances  of  Parliaments, 
which  have  been  led  into  mean  and  destructive  compliances,  even 
to  the  surrendering  their  share  in  the  supreme  legislative,  through 
the  awe  of  standing  armies. 

His  Majesty's  Council  of  this  province,  have  publicly  declared, 
that  the  military  aid  is  unnecessary  for  the  support  of  civil  authori 
ty  in  the  colony.  Nor  can  we  conceive  that  his  Majesty's  service 
requires  a  fleet  and  army  here,  in  this  time  of  the  most  profound 
peace. 

We  have  a  right  to  expect,  that  your  Excellency  will,  as  his 
Majesty's  representative,  give  the  necessary  and  effectual  orders, 
for  the  removal  of  the  above  mentioned  forces,  by  sea  and  land,      . 
out  of  this  port  and  the  gates  of  this  city,  during  the  session  of 
the  said  Assembly. 

[The  committee  who  prepared  this  message,  were  J.  Otis,  Capt> 
Sheafe,  S.  Adams,  Major  Hawley,  and  T.  Gushing.] 


PROTEST  ANT!  HESOLUTIOlSrS 

OF  THE  HOUSE  OF  REPRESENTATIVES,  MAY  31,  1769,  PREVIOUSLY  TO  THEIR 
ENTERING  ON  THE  BUSINESS  OF  THE  ELECTIONS,  REPORTED  BY  THE 
COMMITTEE  WHO  PREPARED  THE  FOREGOING  MESSAGE. 

WHEREAS  their  late  Majesties,  King  William  and  Queen  Mary, 
in  the  third  year  of  their  reign,  did,  by  their  royal  charter,  ordain 
and  grant  for  themselves,  their  heirs  and  successors,  that  on  the 
last  Wednesday,  in  the  month  of  May,  every  year,  there  should  be 
convened,  held  and  kept  by  the  Governor  of  this  province,  for  the 
time  being,  a  great  and  General  Court  or  Assembly,  for  such  im 
portant  purposes  as  in  the  royal  charter  are  expressly  mentioned. 
And  in  the  said  charter  it  is  particularly  established  and  ordain 
ed,  that  yearly,  once  in  every  year,  forever  thereafter,  the  num 
ber  of  eight  and  twenty  Counsellors  or  Assistants  shall  be,  by  the 
General  Court,  newly  chosen ;  which  election  of  Counsellors  or 
Assistants  by  the  General  Assembly,  as  well  as  the  election  of  a 
Speaker  and  Clerk  of  the  House  of  Representatives,  by  said  House, 
have  been  always  made,  on  the  said  last  Wednesday  in  May,  an 
nually. 


168  MASSACHUSETTS  STATE  PAPERS, 

And  whereas  the  said  great  and  General  Court  or  Assembly  is 
now  convened  by  the  authority  of  his  Majesty,  according  to  the 
Sj^iiL-royal  charter  : 

J  Resolved,  That  this  House,  as  one  branch  of  the  same,  in  duty 
and  loyalty  to  his  Majesty,  as  well  as  in  regard  to  their  own  just 
rights  and  privileges,  will,  to  the  utmost  of  their  power,  support  and 
maintain  a  constitutional  freedom  in  their  elections,  debates  and 
determinations. 

Resolved,  As  the  opinion  of  this  House,  that  the  keeping  an 
armed  force  by  sea  and  land  in  this  metropolis,  and  in  the  port  of 
the  same,  while  the  General  Assembly  by  his  Majesty's  command 
is  here  convened,  is  a  breach  of  privilege  ;  and  inconsistent  with 
that  dignity  and  freedom  with  which  they  have  a  right  to  deliberate, 
consult  and  determine. 

Resolved,  That  this  House  proceed  to  take  their  part  in  the  elec 
tions  of  the  day,  from  necessity,  and  in  strict  conformity  to  the 
royal  charter  ;  having  before  claimed  their  constitutional  freedom, 
and  now  protesting,  that  their  thus  proceeding,  while  the  above 
mentioned  forces  are  suffered  to  remain  in  the  metropolis  where 
this  Court  is  convened,  is  to  be  considered  as  a  precedent  in  any 
time  hereafter,  or  construed  as  a  voluntary  receding  of  this  House 
from  their  constitutional  claim. 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
MAY  31,  1769. 

Gentlemen, 

QI  HAVE  no  authority  over  his  Majesty's  ships  in  this  port,  or 
is  troops  in  this  town  ;  nor  can  I  give  any  orders  for  the  removal 
f  the  same.  FRA.  BERNARD. 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  COUNCIL  AND  HOUSE  OF 
REPRESENTATIVES,  JUNE  1,  1769. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

As  I  have  nothing  in  immediate  command  from  his  Majesty  to 
lay  before  you,  I  shall  at  present  only  recommend  to  you  to  give 
your  earliest  attention  to  the  business  of  the  province.  This  is  got 


MASSACHUSETTS  STATE  PAPERS.  169 

into  such  an  arrear,  that  it  will  require  the  utmost  diligence  to  get 
it  done  within  the  usual  time  generally  allotted  to  this  session. 
What  I  shall  have  to  point  out  to  you,  will  be  communicated  by 


separate  messages. 


I  shall  be  ready  to  concur  with  you,  in  all  measures  proposed  for 
the  good  of  the  people,  that  are  consistent  with  the  invariable  rule 
I  have  laid  down,  of  not  departing  from  the  duty  I  owe  to  the  King. 
The  service  of  the  Crown  and  the  interest  of  the  people  are  objects 
very  compatible  with  each  other  ;  they  must  be  so  under  a  Mon 
arch,  who  makes  the  general  welfare  of  all  his  subjects  the  sole 
end  of  his  government.  It  shall  not  be  my  fault,  if  this  coalition 
of  duties  is  not  as  apparent  as  it  is  real.  FRA.  BERNARD. 

[The  Governor  objected  to  the  following  gentlemen,  chosen 
Counsellors,  viz.  T.  Brattle,  J.  Bowdoin,  J.  Gerrish.  T.  Saunders, 
J.  Hancock,  A.  Ward,  B.  Greenleaf,  Col.  Otis,  J.  Bowers,  J.  Hen- 
shaw,  and  W.  Spooner.] 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR'S  MESSAGE, 

MAY  31, 1769.... JUNE  13. 

May  it  please  your  Excellency,  $\\ 

THE  House  of  Representatives  have  duly  considered  your 
message  of  the  31st  of  May,  and  are  sorry  to  find  your  Excellency 
declaring,  that  you  "  have  no  authority  over  his  Majesty's  ships  in 
this  port,  or  his  troops  within  this  town  ;  and  that  jou  can  give  no 
orders  for  the  removal  of  the  same." 

We  clearly  hold,  that  the  King's  most  excellent  Majesty,  to 
whom  we  have,  and  ever  shall  bear,  and,  since  the  convening  of 
this  present  Assembly,  we  have  sworn  true  and  faithful  allegiance, 
is  the  supreme  executive  power  through  all  the  parts  of  the  British 
empire  ;  and  we  are  humbly  of  opinion,  that,  within  the  limits  of 
this  colony  and  jurisdiction,  your  Excellency  is  the  King's  Lieu 
tenant  and  Captain  General  and  Commander  in  Chief,  in  as  full 
and  ample  a  manner,  as  is  the  Lord  Lieutenant  of  Ireland,  or  any 
other  his  Majesty's  Lieutenants,  in  the  dominions  to  the  realm  of 
Great  Britain  appertaining. 

From  thence,  we  think,  it  indubitably  follows,  that  all  officers, 
civil  and  military,  within  this  colony,  are  subject  to  the  order,  di 
rection  and  control  of  your  Excellency,  so  far  at  least,  as  is  neces 
sary  for  the  safety  of  the  people  and  the  security  of  the  privilege 
of  this  House,  as  they  are  to  the  King's  Majesty  within  the  realm. 
And  though  we  admit,  that  peace  and  war  are  in  the  King's  hand, 
and  that  it  is  an  indisputable  part  of  the  royal  prerogative,  neces- 


170  MASSACHUSETTS  STATE  PATERS. 

sary  for  the  preservation  of  the  Commonwealth,  as  all  other  well 
grounded  prerogative  powers  are — That  to  destine  the  fleets? 
and  march  the  armies  of  the  state  to  any  part  of  the  world,  where 
they  may  be  necessary  for  the  defence  and  preservation  of  the 
society,  belongs  to  the  Crown  ;  yet  it  is  impossible  to  believe,  that 
a  military  power,  or  a  standing  army,  procured  and  stationed  here, 
in  consequence  of  misrepresentations  of  the  duty  and  loyalty  of 
his  Majesty's  subjects  of  the  province,  and  suddenly  quartered, 
not  only  contrary  to  act  of  Parliament,  and  to  every  principle  of 
reason,  justice  and  equity,  but  accompanied  with  every  mark  of 
contempt,  reproach  and  insult,  to  as  brave  and  loyal  a  people  as 
ever  served  a  Prince,  can  be  uncontrolable  by  the  Supreme  Execu 
tive  of  the  province  ;  which,  within  the  limits  of  the  same,  is  the 
just  and  full  representative  of  the  Supreme  Executive  of  the  whole 
empire. 

It  is  well  known,  that  it  is  no  uncommon  thing  for  disturbances 
to  happen  in  populous  cities ;  and  such  as  have  unfortunately  taken 
place  in  this  province,  have  been  greatly  misrepresented.  We 
have  not  only  been  told  of,  but  all  parts  of  the  empire  have  been 
alarmed  with  apprehensions  of  danger  to  his  Majesty's  government, 
in  North  America,  in  general,  and  this  province  in  particular,  by 
reason  of  the  most  exaggerated  accounts  of  certain  disturbances, 
which,  however,  have,  in  every  instance,  been  far,  very  far,  from 
being  carried  to  that  atrocious  and  alarming  length,  to  which  many 
have  been  in  Britain,  at  the  very  gates  of  the  palace,  and  even  in 
the  royal  presence. 

It  is  most  certain,  that  every  subject  has  a  right  to  have  the 
rules  of  his  duty,  obedience  and  allegiance,  clearly  defined  and  de 
termined.  Hence  it  may  be  inferred,  that  very  miserable  is  the  ser 
vitude  of  those,  who  know  not  whether  they  are  subject  to  an  ab 
solute  power,  civil  or  military,  or  both  ;  as  may  most  effectually 
prosper  the  machinations  and  fulfil  the  purposes  of  despotism.  It 
must  be  obvious  to  all  jurists,  and  to  every  man  endued  with  an  or 
dinary  understanding,  that  the  doctrine  your  Excellency  has  been 
pleased  to  advance,  in  your  answer  to  the  message  of  the  House, 
involves  us  in  that  state,  which  is  called,  by  the  learned,  imperium 
in  imperio,  or  at  least  establishes  a  military  power  here,  uncontrol 
able  by  any  civil  authoritv  in  the  province. 

It  has  been  publicly  said,  that  the  military  power  is  become  ne 
cessary  in  this  colony,  to  aid  and  support  civil  government,  for 
which  we  have  no  less  authority  than  the  resolutions  of  the  two 
Houses  of  Parliament,  and  the  declaration  of  one  of  his  Majesty's 
principal  Secretaries  of  State.  The  use  of  the  military  power  to 
enforce  the  execution  of  the  laws,  is,  in  the  opinion  of  this  House, 
inconsistent  with  the  spirit  of  a  free  constitution,  and  the  very  na 
ture  of  government.  Nor  can  there  be  any  necessity  for  it ;  for  the 
body  of  the  people,  the  posse  comitatus,  will  always  aid  the  magis 
trate  in  the  execution  of  such  laws  as  ought  to  be  executed.  The 


MASSACHUSETTS    STATE    PAPERS.  171 

very  supposition  of  an  unwillingness  in  the  people  in  general,  that 
a  law  should  be  executed,  carries  with  it  the  strongest  presumption, 
that  it  is  an  unjust  law  ;  at  least,  that  it  is  unsalutary.  It  cannot 
be  their  law  ;  for,  by  the  nature  of  a  free  constitution,  the  people 
must  consent  to  laws,  before  they  can  be  obliged,  in  conscience,  to 
obey  them.  In  truth,  no  law,  however  grievous,  has  been  opposed 
in  the  execution  of  it,  in  this  province  ;  and  yet,  a  military  power 
is  sent  here,  purposely  to  aid  in  the  execution  of  the  laws.  And 
what  adds  to  the  injustice  of  those  who  procured  this  armament,  is, 
that  it  was  procured  at  the  very  time  when  the  people  were  duti 
fully  supplicating  the  throne  for  redress  of  grievances,  occasioned 
by  acts  of  Parliament,  for  the  purpose  of  raising  a  revenue  in 
America.  We  think  we  can  infer,  from  your  Excellency's  declara- 
tion,  that  this  military  force  is  uncontrolable  by  any  authority  in 
the  province.  It  is,  then,  a  power  without  any  check  here  ;  and 
therefore  so  far  absolute.  An  absolute  power,  which  has  the 
sword  constantly  in  its  hand,  may  exercise  a  vigorous  severity 
whenever  it  pleases.  What  privilege,  what  security,  is  then  left 
to  this  House,  whose  very  existence,  to  any  purpose,  depends  upon 
its  privilege  and  security.  Nothing  remains  in  such  a  state,  if  no 
redress  can  be  had  from  the  King's  Lieutenant  in  the  province, 
but  that  the  oppressed  people  unite  in  laying  their  fervent  and 
humble  petition  before  their  gracious  Sovereign. 

[The  committee  appointed  to  reply  to  the  Governor's  Message 
of  May  31,  were  Col.  Otis,  Mr.  J.  Otis,  Mr.  Adams,  Gen.  Prebble, 
Maj.  Hanley,  Mr.  Hancock,  and  Col.  Warren.] 


MESSAGE 

FROM  GOVERNOR  BERNARD,  TO  THE  HOUSE  OF  REPRESENTATIVES,  IN 
REPLY  TO  THE  FOREGOING,  JUNE  15,  1769. 

Gentlemen  of  the  House  of  Representatives, ' 

NOTWITHSTANDING  the  doubts  and  difficulties  which  you  have 
expressed  to  me  in  your  message  of  yesterday,  it  is  certain  that 
I  have  no  authority  to  give  orders  for  the  removal  of  the  King's 
ships  out  of  the  harbor,  or  his  troops  out  of  the  town.  Whoever  is 
acquainted  with  the  arrangement  of  the  commands  in  America, 
which  are  all  derived  from  the  same  King,  knows  that  it  is  so. 

I  am  sorry  that  this  question  should  cause  the  non  activity  of 
the  Assembly  for  an  entire  fortnight ;  the  expense  of  which  has 
already  cost  the  province  upwards  of  five  hundred  pounds  lawful ; 
and  is,  for  what  I  can  see,  still  increasing;  besides,  the  inconve 
nience  accruing  to  persons  attending  the  General  Court  for  business. 


172 


MASSACHUSETTS  STATE  PAPERS. 


which  falls  harder  upon  them  as  individuals,  than  expenses  gen 
erally  dispersed  among  the  people. 

I  cannot  sit  still  and  see  such  a  waste  of  time  and  treasure  to  no 
purpose.  If,  therefore,  you  still  continue  of  the  opinion,  "that  the 
keeping  an  armed  force  in  this  town,  and  within  its  harbor,  is  a 
breach  of  privilege,  and  inconsistent  with  that  freedom  with  which 
you  have  a  right  to  deliberate,  consult  and  determine,"  I  must  ap 
ply  such  remedy  as  is  in  my  power  to  remove  this  difficulty  ;  and 
the  only  means  I  have,  are  to  move  the  General  Court  to  a  place 
where  it  cannot  operate. 

It  is  an  indifferent  thing  to  me  where  the  General  Court  is  held. 
I  know  not  that  it  is  necessarily  confined  to  any  town  ;  that  town 
seems  to  me  to  be  the  most  proper  for  it,  where  the  business  can 
be  most  conveniently,  easily  and  readily  done.  And  as  it  is  appar 
ent,  from  your  resolutions,  and  a  fortnight's  experience,  that  you 
do  not  think  that  this  is,  at  this  time,  a  proper  town  for  the  Gen 
eral  Court  to  sit  in,  I  shall  remove  it  to  Cambridge,  against  which 
place,  no  objection,  that  I  know  of,  can  be  formed. 

FRA.  BERNARD. 

[The  General  Court  was  adjourned  to  Cambridge.] 


MESSAGE 

FROM  THE    HbUSE  OF    REPRESENTATIVES,  TO  THE  GOVERNOR, 
JUNE  19,  1769. 

May  it  please  your  Excellency, 

[As  you  have  not  thought  proper,  in  your  reply  to  the  message 
of  this  House,  of  the  13th  instant,  to  throw  any  light  on  the  sub 
ject,  or  invalidate  the  principles  we  therein  advanced,  your  Excel 
lency  will  allow  jus  to  conclude,  that  those  principles  were  well 
grounded,  and  that  there  is  no  reason  for  us  to  alter  our  sentiments 
on  this  interesting  point. 

You  are  pleased  to  intimate,  that  much  time  and  treasure  has 
been  spent  in  determining  a  merely  speculative  question.  [The 
House  regard  a  standing  army,  posted  within  the  province,  in  a 
time  of  the  most  profound  peace,  and  uncontrolable  by  any  authority 
in  it,  as  a  dangerous  innovation  ;  and  a  guard  of  soldiers,  with 
cannon  planted  at  the  doors  of  the  State  House,  while  the  Gen 
eral  Assembly  was  there  held,  as  the  most  pointed  insult  ever  of 
fered  to  a  free  people,  and  its  whole  Legislative.  This,  sir,  and 
not  the  question  of  your  Excellency's  authority  to  remove  his 
Majesty's  ships  out  of  the  harbor,  or  his  troops  out  of  the  town  of 
Boston,  was  the  principal  cause  of  the  "  non  activity  of  the 


MASSACHUSETTS    STATE    PAPERS.  17J 

Assembly."  Had  your  Excellency  felt  for  the  Assembly,  and 
the  people  over  whom  you  preside,  even  though  you  had  sup 
posed  yourself  not  properly  authorized,  you  would  have  em 
ployed  vour  influence,  at  least,  for  the  removal  of  this  grievance  ; 
especially  as  his  Majesty's  Council,  as  well  as  this  House,  had  be 
fore  expressed  to  your  Excellency  their  just  indignation  at  so  un 
precedented  an  affront.  But,  instead  of  the  least  abatement  of 
this  military  parade,  the  General  Assembly  has  been  made  to,  give 
way  to  an  armed  force,  as  the  only  means  in  your  power  to  remove 
the  difficulty  we  justly  complained  of.  Your  Excellency  has  ordered 
a  removal  of  the  General  Assembly  itself,  from  its  ancient  seat 
and  place,  where  the  public  business  has  generally  been  done  with 
the  greatest  convenience,  ease  and  despatch.  It  is  with  pain,  that 
we  are  obliged  here  to  observe,  that  the  very  night  after  this  ad 
journment  was  made,  the  cannon  were  removed  from  the  Court 
'House,  as  though  it  had  been  designed,  that  so  small  a  circum 
stance  of  regard  should  not  be  paid  to  the  Assembly,  when  con 
vened  by  the  royal  authority,  and  for  his  Majesty's  service  in  the 
colony. 

You  are  pleased  to  pass  a  censure  upon  this  House,  in  saying, 
that  "  you  cannot  sit  still  and  see  such  a  waste  of  time  and  trea 
sure  to  no  purpose."  Those  alone  are  answerable  for  any  expense 
of  time  and  treasure  on  this  occasion,  who  have  brought  us  into 
such  a  situation,  as  has  hitherto  rendered  our  proceeding  to  busi 
ness  incompatible  with  the  dignity,  as  well  as  the  freedom  of  this 
House.  No  time  can  better  be  employed,  than  in  the  preservation 
of  the  rights  derived  from  the  British  constitution,  and  insisting 
upon  points,  which,  though  your  Excellency  may  consider  them  as 
non  essential,  we  esteem  its  best  bulwarks.  No  treasure  can  be 
better  expended,  than  in  securing  that  true  old  English  liberty, 
which  gives  a  relish  to  every  other  enjoyment.  These,  we  have,  the 
satisfaction  to  believe,  are  the  sentiments  of  our  constituents,  to 
whom  alone  we  are  accountable  how  we  apply  their  treasure  ;  and 
we  are  fully  persuaded,  from  what  we  have  already  heard,  that, 
notwithstanding  the  apparent  design  of  your  message  to  prejudice 
their  minds  against  us,  what  your  Excellency  is  pleased  to  call  our 
"  non  activity,"  will  receive  their  approbation,  rather  than  their 
censure ;  for  an  entire  fortnight^  spent  in  silence,  or  a  much  longer 
time,  cannot  be  displeasing  to  them,  when  business  could  not  be 
entered  upon,  but  at  the  expense  of  their  rights  and  liberties,  andj 
the  privilege  of  this  House.  '""* 

{The  committee  who  reported  the  above,  were  the  Speaker,  Mr. 
Adams,  Capt.  Sheafte,  Col.  Otis,  Mr.  Hancock,  Capt.  Fuller,  and 
Mr.  Porter.  1 


174  MASSACHUSETTS  STATE  PAPERS. 

RESOLUTIONS 

OF  THE  HOUSE  OF  REPRESENTATIVES,  JUNE  21,  1769. 

WHEREAS  this  House  did,  on  the  first  day  of  the  present  ses 
sion  of  the  General  Assembly,  take  into  serious  consideration  the 
unhappy  situation  of  this  colony,  by  reason  of  a  military  force, 
procured  and  stationed  here,  in  consequence  of  gross  misrepre 
sentations  of  his  Majesty's  loyal  subjects  of  this  colony;  and  did 
then  remonstrate  to  his  Excellency  the  Governor,  "  that  an  arma 
ment  by  sea  and  land,  investing  the  metropolis  where  this  Court 
was  convened  and  held,  and  a  main  guard  kept,  with  cannon  point 
ed  at  the  very  doors  of  the  State  House,  was  inconsistent  with  the 
dignity  and  freedom  of  this  House  :"  And  whereas  his  Excellency 
was  pleased,  in  answer,  to  declare,  "  that  he  had  no  authority  over 
his  Majesty's  ships  in  the  harbor,  and  the  troops  in  the  town  of 
Boston,  and  could  give  no  orders  for  the  removal  of  the  same  :" 
And  instead  of  the  grievance  being  redressed,  this  Assembly,  itself, 
has  been  made  to  give  way  to  the  said  armed  forces,  by  his  Ex 
cellency's  adjournment  of  the  said  Assembly,  from  its  usual  and 
ancient  place,  to  Harvard  College,  in  Cambridge  :  And  whereas 
this  House  has  reason  to  apprehend  that  it  has  been,  and  still  is, 
the  endeavor  of  persons,  inimical  to  our  happy  constitution,  to 
have  a  military  power,  independent  of,  and  uncontrolable  by,  any 
civil  authority  within  this  colony,  established  here  : 

Resolved,  That  this  House  will,  at  all  times,  to  the  utmost  of 
their  power,  maintain  the  honor  and  dignity  of  our  rightful  and  gra 
cious  Sovereign,  and  promote  his  Majesty's  service  in  this  juris 
diction,  as  well  as  support  the  just  rights  and  liberties  of  the  peo 
ple,  their  own  dignity,  and  the  constitutional  freedom  of  their 
dejjates  and  consultations. 

vResolved,  As,  the  opinion  of  this  House,  that  the  British  consti 
tution  admits  of  no  military  force  within  the  realm,  but  for  the  pur 
poses  of  offensive  and  defensive  war  ;  and,  therefore,  that  the 
.  sending  and  continuing  a  military  force  within  this  colony,  for  the 
Jjj  express  purpose  of  aiding  and  assisting  the  civil  government,  is  an 
infraction  of  the  natural  and  constitutional  rights  of  the  people,  a 
breach  of  the  privilege  of  the  General  Assembly,  inconsistent  with 
that  freedom  with  which  this  House,  as  one  branch  of  the  same, 
hath  a  right,  and  oug..t  to  debate,  consult  and  determine,  and  man 
ifestly  tends  to  the  subversion  of  that  happy  form  of  government, 
which  we  have  hitherto  enjoyed. 

Resolved,  That  the  proceeding  of  this  House  to  the  public  busi 
ness  of  the  colony,  while  a  military  force,  for  the  purpose  of  aiding 
the  civil  authority,  is  quartered  within  the  same,  and  declared  to 
be  uncontrolable  by  his  Majesty's  Lieutenant  in  this  colony,  is  from 
necessity  ;  and  is  not  to  be  considered  as  a  precedent,  at  any  time 


MASSACHUSETTS    STATE    PAPERS.  175 

hereafter,  or  construed  as  a  voluntary  receding  of  this  House,  from 
any  of  those  constitutional  rights,  liberties  and  privileges,  which 
the  people  of  this  colony,  and  their  representatives,  in  General 
Court  assembled,  do  hold,  and  of  right  ought  to  enjoyTl 


MESSAGE 

OF  GOVERNOR  BERNARD,  TO  THE  HOUSE  OF  REPRESENTATIVES, 
JUNE  21,  1769. 

Gentlemen  of  the  House  of  Representatives, 

WHEN,  at  the  opening  of  the  session,  I  recommended  to  you  to 
give  your  earliest  attention  to  the  business  of  the  province,  I  did 
not  think  that  there  was  any  occasion  to  specify  the  particulars  of 
such  business,  as  they  must  occur  to  you  as  readily  as  to  me. 

However,  lest  this  omission  should  be  made  use  of  as  an  excuse 
for  your  inactivity,  ancLas  you  have  now  catered  into  your  fourth 
week,  without  having^done  any  thing  at  all,  1  shall  now  capitulate 
tlie^prnrclpal  articlesof  the  public  Business,  which  have  hitherto 
waited  for  your  notice. 

They  are,  1st,  the  support  of  the  government ;  2d,  the  supply 
of  the  treasury  ;  3d,  the  providing  for  the  payment  of  the  provin 
cial  debt,  which  now  amounts  to  one  hundred  and  five  thousand 
pounds ;  4th,  the  tax  bill ;  5th,  the  impost  bill ;  6th,  the  excise  bill, 
if  thought  proper  ;  7th,  the  establishment  for  forts  and  garrisons  ; 
8th,  the  continuation  of  the  truck  trade  ;  9th,  the  continuation  or 
revival  of  expiring  or  expired  laws,  &c. 

All  these  several  matters,  and  such  others  of  the  ordinary  busi 
ness  as  I  may  have  omitted,  I  now  recommend  to  your  immediate 
consideration.  Such  assistance  as  I  can  give  you,  especially  in  re 
moving  doubts  or  difficulties  which  may  attend  any  of  the  said 
business,  I  shall  be  ready  to  aftbrd  you,  so  far  as  is  consistent  with 
my  duty.  FRA,  BERNARD, 


MESSAGE 

PROM  GOVERNOR  BERNARD,  TO  THE  HOUSE  OF  REPRESENTATIVE?,  *  ft  4- 

JUNE  28,  1769.  £/  &W&&  ** 

Gentlemen  of  the  House  of  Representatives,  £>»4  W^A 

I  THINK  it  proper  to  inform  you,  that  his  Majesty  has  been 
pleased,  by  his  sign  manual,  to  signify  to  me  his  will  and  pleasure, 
that  I  repair  tQ  Great  Britain,  to  lay  before  him  the  state  of  this  r 


176  MASSACHUSETTS    STATE    PAPERS. 

province  ;  and  lias  also,  by  his  Secretary  of  State,  given  directions 
for  the  administration  of  this  government,  during  my  absence. 

Upon  this  occasion,  I  think  it  necessary  to  communicate  to  you 
the  53d  of  his  Majesty's  instructions,  whereby  he  orders,  that  when 
the  Governor  shall  be  absent  from  the  province,  one  moiety  of  the 
salary,  and  the  perquisites  and  emoluments,  which  would  other 
wise  be  due  to  the  Governor,  shall,  during  his  absence,  be  paid  to 
the  Lieutenant  Governor,  for  his  maintenance,  and  for  the  support 
of  the  dignity  of  the  government. 

I  have  always  considered  the  grant  of  the  salary  appointed  to 
me,  to  be  subject  to  this  instruction,  although  it  was  not  so  ex 
pressed  in  the  act ;  and  I  have  no  objection  at  the  present  time, 
when  the  absence  of  the  Governor  is  foreseen,  that  the  grant  of  the 
salary  shall  be  expressed  to  be  subject  to  this  instruction. 

^nd  I  must,  at  the  same  time,  observe  to  you,  that  as  I  am  or 
dered  to  attend  his  Majesty,  as  Governor  of  this  province,  and  am 
made  to  understand  that  I  am  to  be  continued  in  that  office,  and 
am  instructed  for  the  appropriation  of  the  salary,  whilst  I  am  ab 
sent  from  the  province,  there  is  the  same  reason  for  the  grant  of 
the  salary  now,  as  there  has  been  at  any  other  time.  I  must, 
therefore,  desire  that,  according  to  his  Majesty's  49th  instruction, 
suchgrant  may  be  made  to  precede  the  other  business  of  the  ses- 
sionTj  FRA.  BERNARD. 


RESOLVES 

OF  THE  HOUSE  OF  REPRESENTATIVES,  JUNE  29,  1769s 

THE  General  Assembly  of  this,  his  Majesty's  colony  of  the 
Massachusetts  Bay,  convened  by  his  Majesty's  authority,  and  by 
virtue  of  his  writ  issued  by  his  Excellency  the  Governor,  under  the 
great  seal  of  the  province  ;  and  this  House,  thinking  it  their  duty, 
at  all  times,  to  testify  their  loyalty  to  his  Majesty,  as  well  as  their 
inviolable  regard  to  their  own  and  their  constituents  rights,  liber 
ties  and  privileges,  do  pass  the  following  resolutions,  to  be  entered 
on  their  journal. 

Resolved,  That  this  House  do,  and  ever  will  bear  the  firmest  alle 
giance  to  our  rightful  Sovereign,  King  George  the  Third  ;  and  are 
ever  ready,  with  their  lives  and  fortunes,  to  defend  his  Majesty's 
person,  family,  crown  and  dignity. 

Resolved,  As  the  opinion  of  this  House,  "  that  the  sole  right  of 
imposing  taxes  on  the  inhabitants  of  this,  his  Majesty's  colony  of 
the  Massachusetts  Bay,  is  now,  and  ever  hath  been,  legally  and. 
constitutionally  vested  in  the  House  of  Representatives,  lawfully 
convened,  according  to  the  ancient  and  established  practice,  with 
the  corvsent  of  the  Council,  and  of  his  Majesty,  the  King  of  Great 
Britain,  or  his  Governor  for  the  time  being." 


MASSACHUSETTS   STATE   PAPERS.  177 

Resolved,  As  the  opinion  of  this  House,  that  it  is  the  indubitable 
right  of  the  subjects  in  general,  and  consequently  of  the  colonists, 
jointly  or  severally  to  petition  the  King  for  redress  of  grievances  ; 
and  that  it  is  lawful,  whenever  they  think  it  expedient,  to  confer 
with  each  other,  in  order  to  procure  a  joint  concurrence,  in  dutiful 
addresses,  for  relief  from  common  burthens. 

Resolved,  That  Governor  Bernard,  by  a  wanton  and  precipitate 
dissolution  of  the  last  year's  Assembly,  and  refusing  to  call  another, 
though  repeatedly  requested  by  the  people,  acted  against  the  spirit 
of  a  free  constitution  ;  and  if  such  procedure  be  lawful,  it  may  be 
in  his  power,  whenever  he  pleases,  to  render  himself  absolute. 

Resolved,  That  a  general  discontent,  on  account  of  the  revenue 
acts,  an  expectation  of  the  sudden  arrival  of  a  military  power,  to 
enforce  the  execution  of  those  acts,  an  apprehension  of  the  troops 
being  quartered  upon  the  inhabitants,  when  our  petitions  were  not 
permitted  to  reach  the  royal  ear,  the  General  Court,  at  such  a 
juncture,  dissolved,  the  Governor  refusing  to  call  a  new  one,  and 
the  people,  reduced  almost  to  a  state  of  despair,  rendered  it  highly 
expedient  and  necessary  for  the  people  to  convene  by  their  com 
mittees,  associate,  consult  and  advise  the  best  means  to  promote 
peace  and  good  order  5  to  present  their  united  complaints  to  the 
throne,  and  jointly  to  pray  for  the  royal  interposition  in  favor  of 
their  violated  rights.  Nor  can  this  procedure  possibly  be  illegal, 
as  they  expressly  disclaimed  all  governmental  acts. 

Resolved,  As  the  opinion  of  this  House,  that  Governor  Bernard, 
in  his  letters  to  Lord  Hillsborough,  his  Majesty's  Secretary  of 
State,  has  given  a  false  and  highly  injurious  representation  of  the 
conduct  of  his  Majesty's  truly  loyal  and  faithful  Council  of  this 
colony,  and  of  the  magistrates,  overseers  of  the  poor,  and  inhabit 
ants  of  the  town  of  Boston,  tending  to  bring  on  those  respectable 
bodies  of  men,  particularly  on  some  individuals,  the  unmerited 
displeasure  of  our  gracious  Sovereign  5  to  introduce  a  military  gov 
ernment,  and  to  mislead  both  Houses  of  Parliament  into  such  se 
vere  resolutions,  as  a  true,  just  and  candid  state  of  facts  must 
have  prevented. 

Resolved,  That  Governor  Bernard,  in  the  letters  before  men 
tioned,  by  falsely  representing  that  it  was  become  "  necessary  the 
King  should  have  the  Council  Chamber  in  his  own  hands,"^  and 
should  be  enabled,  by  Parliament,  to  supersede  by  order,  in  his 
Privy  Council,  commissions  granted  in  his  name,  and  under  his 
seal,  throughout  the  colonies,"  has  discovered  his  enmity  to  the 
true  spirit  of  the  British  constitution,  to  the  liberties  of  the  colo 
nies  ;  and  has  struck  at  the  root  of  some  of  the  most  invaluable 
constitutional  and  charter  rights  of  this  province  5  the  perfidy  of 
which,  at  the  very  time  he  professed  himself  a  warm  friend  to  the 
charter,  is  altogether  unparalleled  by  any  in  his  station,  and  ought 
never  to  be  forgotten. 
23 


.. 
J^  \v*A 

' 


178  MASSACHUSETTS  STATE  PAPERS. 

Resolved,  That  the  establishment  of  a  standing  army,  in  thi& 
colony,  in  a  time  of  peace,  without  the  consent  of  the  General  As- 
semkly  °f  the  same!>  is  an  invasion  of  the  natural  rights  of  the 
people,  as  well  as  of  those  which  they  claim  as  free  born  English- 
men,  confirmed  by  magna  charta,  the  bill  of  rights,  as  settled  at  the 
revolution,  and  by  the  charter  of  this  province. 

Resolved,  That  a  standing  army  is  not  known  as  a  part  of  the 
British  constitution,  in  any  of  the  King's  dominions;  and  every 
attempt  to  establish  it  has  been  esteemed  a  dangerous  innovation, 
manifestly  tending  to  enslave  the  people. 

Resolved,  That  the  sending  an  armed  force  into  this  colony,  un 
der  a  pretence  of  aiding  and  assisting  the  civil  authority,  is  an  at 
tempt  to  establish  a  standing  army  here,  without  our  consent  ;  is 
highly  dangerous  to  this  people  ;  is  unprecedented,  and  unconsti 
tutional. 

Resolved,  That  whoever  has  represented  to  his  Majesty's  min 
isters,  that  the  people  of  this  colony,  in  general,  or  the  town  of 
Boston,  in  particular,  were  in  such  a  state  of  disobedience  and 
disorder,  as  to  require  a  fleet  and  army  to  be  sent  here,  to  aid  the 
civil  magistrate,  is  an  avowed  enemy  to  this  colony,  and  to  the  na 
tion  in  general  ;  and  has,  by  such  misrepresentation,  endeavored 
to  destroy  the  liberty  of  the  subject  here,  and  that  mutual  union 
and  harmony  between  Great  Britain  and  the  colonies,  so  necessary 
for  the  welfare  of  both. 

Resolved,  As  the  opinion  of  this  House,  that  the  misrepresenta 
tions  of  the  state  of  this  colony,  transmitted  by  Governor  Bernard 
to  his  Majesty's  ministers,  have  been  the  means  of  procuring  the 
military  force,  now  quartered  in  the  town  of  Boston. 

Resolved,  That  whoever  gave  order  for  quartering  even  common 
soldiers  and  camp  women  in  the  court  house,  in  Boston,  and  in 
the  representatives'  chamber,  where  some  of  the  principal  archives 
of  the  government  had  been  usually  deposited  ;  making  a  barrack 
of  the  same,  placing  a  main  guard,  with  cannon  pointed  near  the 
said  house,  and  sentinels  at  the  door,  designed  a  high  insult,  and  a 
triumphant  indication  that  the  military  power  was  master  of  the 
whole  legislative. 

Whereas,  his  Excellency  General  Gage,  in  his  letter  to  Lord 
Hillsborough,  dated  October  Slst,  among  other  exceptionable 
things,  expressed  himself  in  the  following  words  :  "  From  what 
has  been  said,  your  Lordship  will  conclude  that  there  is  no  gov 
ernment  in  Boston  5  in  truth  there  is  very  little  at  present,  and 
the  constitution  of  this  province  leans  so  much  to  the  side  of  de- 
anocracy,  that  the  Governor  has  not  the  power  to  remedy  the  dis 
orders  that  happen  in  it  :" 

Resolved,  As  the  -opinion  of  this  House,  that  his  Excellency 
General  Gage,  in  this  and  other  assertions,  has  rashly  and  imper 
tinently  intermeddled  in  the  civil  affairs  of  this  province,  which 
are  altogether  out  of  his  department  ;  and  of  the  internal  police  oi 


MASSACHUSETTS    STATE    PAPERS.  179 

which,  by  his  letter,  if  not  altogether  his  own,  he  has  yet  betrayed 
a  degree  of  ignorance,  equal  to  the  malice  of  the  author. 

With  respect  to  the  nature  of  our  government,  this  House  is  of 
opinion,  that  the  wisdom  of  that  great  Prince,  William  the  Third, 
who  gave  the  charter,  aided  by  an  able  ministry,  and  men  thor 
oughly  versed  in  the  English  constitution  and  law  ;  and  the  happy 
effects  derived  from  it  to  the  nation,  as  well  as  this  colony,  should 
have  placed  it  above  the  reprehension  of  the  General,  and  led  him 
to  inquire,  whether  the  disorders  complained  of,  have  not  arisen 
from  an  arbitrary  disposition  in  the  Governor,  rather  than  from  too 
great  a  spirit  of  democracy  in  the  constitution.  And  this  House 
cannot  but  express  their  deep  concern,  that  too  many  in  power,  at 
home  and  abroad,  so  clearly  avow,  not  only  in  private  conversa 
tion,  but  inr  their  public  conduct,  the  most  rancorous  enmity 
against  the  free  part  of  tbe  British  constitution,  and  are  indefati 
gable  in  their  endeavors  to  render  the  monarchy  absolute,  and  the 
administration  arbitrary,  in  every  part  of  the  British  empire. 

Resolved,  That  this  House,  after  the  most  careful  inquiry,  have 
not  found  an  instance  of  the  course  of  justice  being  interrupted  by 
violence,  except  by  a  rescue  committed  by  Samuel  Fellows,  an 
officer  in  the  navy,  and  by  the  appointment  of  the  commissioners,  an 
officer, also,  in  the  customs  ;  nor  of  a  magistrate's  refusing  to  inquire 
into,  or  redress  any  injury  complained  of;  while  it  is  notorious  to 
all  the  world,  that  even  such  acts  of  Parliament,  as,  by  the  whole 
continent,  are  deemed  highly  oppressive,  have  never  been  opposed 
with  violence,  and  the  duties  imposed,  and  rigorously  exacted, 
have  been  punctually  paid. 

Resolved,  That  the  frequent  entries  of  nolle  prosequi,  by  the 
Attorney  arid  Advocate  General,  in  cases  favorable  to  the  lib 
erty  of  the  subject  5  and  rigorous  prosecutions  by  information  and 
otherwise,  in  those  in  favor  of  power,  are  daring  breaches  of  trust, 
and  insupportable  grievances  on  the  people. 

Resolved,  As  the  opinion  of  this  House,  that  the  late  extension 
of  the  power  of  courts  of  admiralty  in  America,  is  highly  danger 
ous  and  alarming;  especially  as  the  judges  of  the  courts  of  com- 
mon  lav/,  the  alone  check  upon  their  inordinate  power,  do  not  hold 
their  places  during  good  behavior ;  and  those  who  have  falsely 
represented  to  his  Majesty's  ministers,  that  no  dependance  could 
be  had  on  juries  in  America,  and  that  there  was  a  necessity  of  ex 
tending  the  power  of  the  courts  of  admiralty  there,  so  far  as  to  de 
prive  the  subject  of  the  inestimable  privilege  of  a  trial  by  a  jury, 
and  to  render  the  said  courts  of  admiralty  uncontrolable  by  the 
ancient  common  law  of  the  land,  are  avowed  enemies  to  the  con 
stitution,  and  manifestly  intended  to  introduce  and  establish  a  sys 
tem  of  insupportable  tyranny  in  America,  rt  ,,  A.-X 

Resolved,  As  the  opinion  of  this  House,  that  the  constituting  a  £&.  0|  (JLbJt 
board  of  commissioners  of  customs  in  America,  is  an  unnecessary      - 
burthen  upon  the  trade  of  these  colonies,  and  that  the  unlimited 


180  MASSACHUSETTS  STATE  PAPERS. 

power  the  said  commissioners  are  invested  with,  of  making  ap 
pointments,  and  paying  the  appointees  what  sums  they  please,  un 
avoidably  tends  so  enormously  to  increase  the  number  of  placemen 
and  pensioners,  as  to  become  justly  alarming,  and  formidable  to 
the  liberties  of  the  people. 

Resolved,  That  it  is  the  opinion  of  this  House,  "  that  all  trials 
for  treason,  misprison  of  treason,  or  for  any  felony  or  crime,  what 
soever,  committed  or  done,  in  this,  his  Majesty's  colony,  by  any 
person  or  persons  residing  therein,  ought,  of  right,  to  be  had  and 
conducted  in  and  before  his  Majesty's  courts,  held  within  the 
said  colony,  according  to  the  fixed  and  known  course  of  proceed- 
ings  5  and  that  the  seizing  any  person  or  persons,  residing  in  this 
colony,  suspected  of  any  crime,  whatsoever,  committed  therein, 
and  sending  such  person  or  persons,  to  places  beyond  the  sea,  to 
be  tried,  is  highly  derogatory  of  the  rights  of  British  subjects  5  as 
thereby  the  inestimable  privilege  of  being  tried  by  a  jury  from  the 
vicinage,  as  well  as  the  liberty  of  summoning  and  producing  wit 
nesses  on  such  trial,  will  be  taken  away  from  the  party  accused." 

[The  committee  who  prepared  the  above,  and  those  of  the  21st 
of  said  month,  were  the  Speaker,  (Mr.  Gushing)  Col.  Otis,  Capt. 
Sheaffe,  Gen.  Preble,  Mr.  Adams,  Mr.  Hancock,  Mr.  Spooner, 
Mr.  Otis,  and  Mr.  Porter.] 


ANSWER 

OF  BOTH  HOUSES,  TO  THE  GOVERNOR'S  SPEECH,  AT  THE  OPENING  OF 
THE  SESSION,  JUNE  29,  1769. 

May  it  please  your  Excellency, 

As  your  Excellency,  in  your  speech  to  both  Houses,  at  the 
opening  of  the  present  session,  has  recommended  to  us,  "  to  give 
our  earliest  attention  to  the  business  of  the  province;"  we  should 
have  been  glad  if  your  Excellency  had  pointed  out  what  was  ex 
pected  from  us. 

We  agree  with  you,  sir,  that  the  business  of  the  province  is  got 
into  such  an  arrear,  that  it  will  require  the  utmost  diligence  to  get 
it  done  within  the  usual  time  generally  allotted  to  this  session." 
Who  brought  the  province  under  this  difficulty,  your  Excellency 
can  be  at  no  loss  to  determine.  Had  the  Assembly  been  called 
in  the  fall  of  the  year  past,  there  would  have  been  no  cause  of 
such  complaint. 

Your  Excellency  has  been  pleased  to  tell  us,  "  that  you  shall 
be  ready  to  concur  with  us,  in  all  measures  proposed  for  the  good 
of  the  people,  that  are  consistent  with  the  invariable  rule  you  have 


MASSACHUSETTS  STATE  PAPERS.  181 

laid  down,  of  not  departing  from  the  duty  you  owe  to  the  King." 
It  is  surprising,  sir,  that  so  soon  after  such  a  declaration,  your 
Excellency  should  suspend  your  assent  to  a  resolve  for  an  estab 
lishment  for  forts  and  garrisons,  even  for  a  single  moment ;  espe 
cially  as  such  an  establishment  was  always  a  favorite  object  with 
your  Excellency.  Does  the  "  duty  you  owe  to  the  King,  or  the 
regard  you  have  for  the  good  of  the  people,"  forbid  your  signing 
it  ?  If  so,  how  could  your  Excellency  recommend  this  business 
to  the  House,  in  your  message  of  the  twenty -first  instant,  as  what 
was  necessary  to  be  immediately  done  ?  We  are  sensible,  may 
it  please  your  Excellency,  that  the  service  of  the  Crown,  and  the 
interest  of  the  people,  are  objects  very  compatible  with  each  other; 
and  that  they  must  be  so,  "  under  a  monarch,  who  makes  the  gen 
eral  welfare  of  all  his  subjects,  the  sole  end  of  his  government." 
This  sentiment  is  what  the  two  Houses  have  adopted,  and  have 
always  made  their  object.  And  had  your  Excellency,  in  humble 
imitation  of  your  royal  master,  during  your  administration,  acted 
from  such  noble  principles,  many  of  the  disputes  between  your 
Excellency  and  former  Assemblies,  would  have  had  no  existence. 
We  shall,  with  all  convenient  despatch,  finish  the  business  of  the 
present  session,  and  we  have  a  just  right  to  expect  that  your  Ex 
cellency  will  give  your  assent  to  all  such  resolves  and  acts,  that 
may  be  laid  before Vou,  as  will  be  for  the  interest  of  the  people, 
and  the  real  service  of  the  Crown. 

£The  committee  who  reported  the  above,  were  B.  Lincoln  and 
H.  Gray,  of  the  Council,  and  G.  Leonard,  Capt.  Reed,  and  S.  Hall, 
of  the  House.] 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR'S  MESSAGE, 
OF  JUNE  28 JULY  4,  1769. 

May  it  please  your  Excellency, 

BY  your  message  to  this  House,  of  the  28th  of  June,  we  are 
informed,  that  his  Majesty  has  been  pleased,  by  his  sign  manuel,  to 
signify  to  you  his  will  and  pleasure,  that  you  repair  to  Great  Britain, 
to  lay  before  hihi  the  state  of  this  province.  We  are  bound  in  duty 
at  all  times  ;  and  we  do,  more  especially  at  this  time,  cheerfully 
acquiesce  in  the  lawful  command  of  our  Sovereign.  It  is  a  particu 
lar  satisfaction  to  us,  that  his  Majesty  has  been  pleased  to  order  a 
true  state  of  this  province  to  be  laid  before  him  ;  for  we  have  abun 
dant  reason  to  be  assured,  that  when  his  Majesty  shall  be  fully  ac 
quainted  with  the  great  and  alarming  grievances  which  his  truly 


182  MASSACHUSETTS    STATE    PAPERS. 

loyal  subjects  here  have  suffered,  through  your  administration,  and 
the  injury  they  have  sustained  in  their  reputation,  he  will,  in  his 
great  clemency  and  justice,  frown  upon,  and  forever  remove  from 
his  trust,  all  those,  who,  by  wickedly  informing  his  ministers,  have 
attempted  to  deceive  even  his  Majesty  himself.  Your  Excellency 
is  best  acquainted  with  the  part  you  have  acted :  your  letters  have 
enabled  this  House,  and  the  public,  in  some  measure,  to  form  a 
judgment.  And  while  you  will  necessarily  be  employed,  as  this 
House  conceives,  in  setting  your  own  conduct  in  the  most  favorable 
light  before  his  Majesty,  we  are  persuaded  we  shall  be  able  to  an 
swer  for  ourselves  and  our  constituents,  to  the  satisfaction  of  our 
Sovereign,  whenever  we  shall  be  called  to  it. 

You  are  pleased  to  communicate  to  this  House,  an  instruction 
for  the  appropriation  of  the  salary  granted  to  his  Majesty's  Gov 
ernor,*  during  such  time  as  he  may  be  absent  from  the  colony.  But 
as  we  are  not  made  to  understand,  that  your  Excellency  will  be  con 
tinued  in  your  office,  as  Governor  of  this  province,  after  your  ex 
pected  departure  from  it,  the  House  cannot,  in  faithfulness  to  their 
constituents,  make  an  unprecedented  grant  of  their  money  for  ser 
vices  which  we  have  no  reason  to  expect  will  ever  be  performed. 

Your  Excellency  must  be  fully  sensible,  that  the  people  of  this 
province  have  never  failed,  in  duty  to  his  Majesty,  to  make  ample 
provision  for  the  support  of  his  government.  You  will  be  pleased 
to  remember,  that  you  are  fully  paid  to  the  2d  of  August  next;  be 
fore  the  expiration  of  which  time  you  will  embark  for  Great  Britain - 
We  shall  then  make  the  necessary  provision  "  for  the  support  of  the 
dignity  of  government ;"  and  when  his  Majesty  shall  be  pleased  to 
appoint  another  Governor,  we  trust  this  people  will  be  ready,  as 
they  ever  have  been,  to  grant  him  an  ample  salary,  proportional  to 
their  abilities^  and  suitable  to  his  station  and  merit.  These  are  the 
only  considerations  which  ought  to  have  any  weight  with  this  House, 
in  granting  the  people's  money,  for  the  support  of  a  Governor.  His 
Majesty's  49th  instruction,  now  before  the  House,  and  to  which 
you  refer  us,  is  a  rule  for  your  Excellency ;  but  we  conceive  it  was 
never  intended  for  the  House  of  Representatives.  We  have,  how 
ever,  the  pleasure  of  observing,  that  your  Excellency  is  not  at  all 
restrained  by  it,  from  signing  any  bills,  or  other  matters,  that  may 
be  laid  before  you,  at  any  time  preceding  the  grant  of  a  salary  for 
the  support  of  government ;  and,  therefore,  we  have  a  just  right  to 
expect  that  you  will  not,  on  that  account,  retard  such  public  busi 
ness  before  you,  as  his  Majesty's  service,  and  the  welfare  of  the 
people,  indispensably  requires. 

[The  committee  which  reported  this  answer,  consisted  of  Mr. 
Otis,  Col.  Warren,  Mr.  Hancock,  Capt.  Sheaffe,  and  Gen,  Preble.J 


MASSACHUSETTS    STATE    PAPERS.  183 


MESSAGE 

FROM  GOVERNOR  BERNARD  TO  THE  HOUSE  OF  REPRESENTATIVES, 
JULY  6,  1769. 

Gentlemen  of  the  House  of  Representatives, 

I  HEREBY  communicate  to  you  an  extract  of  a  letter  I  received 
some  time  ago  from  General  Gage,  desiring  that  I  would  lay  before 
you  the  accounts  of  the  expenditures  incurred  by  quartering  his 
Majesty's  troops  in  Boston,  that  funds  may  be  provided  for  dis 
charging  the  same.  I  accordingly  lay  before  you  the  said  accounts^  as 
com.nunicated  to  me  by  Colonel  Robertson,  with  a  copy  of  a  letter 
from  him,  on  the  subject.  The  vouchers,  referred  to  in  the  said  let 
ter,  are  in  the  hands  of  Colonel  Joseph  Goldthwait,  who  will  pro 
duce  the  same  to  your  order.  I  desire  that  you  will  take  these  ac 
counts  into  your  consideration,  and  provide  proper  funds  for  dis 
charging  the  same,  so  far,  at  least,  as  you  are  required  by  law. 

I  am  also  desired  by  the  General,  to  make  a  requisition  to  you, 
that  provision  may  be  made  for  the  further  quartering  his  Majesty's 
forces  in  the  town  of  Boston,  and  Castle  Island,  according  to  act  of 
Parliament.  This  provision  was  made  for  the  65th  regiment,  whilst 
it  was  quartered  at  Castle  Island  by  my  order,  with  the  advice  of 
Council.  But,  now  the  General  Court  is  sitting,  it  is  proper  that 
you  should  take  order  in  this  business,  and  especially  in  providing 
funds  for  that  purpose,  without  which,  further  provision  cannot  be 
made.  I  desire  you  would  act  thereon  as  soon  as  you  can,  as  I 
understand  that  the  quartering  the  29th  regiment  in  the  Castle  bar* 
racks,  is  delayed  for  want  of  it.  FRA.  BERNARD. 


MESSAGE 

FROM  GOVERNOR  BERNARD  TO  THE  HOUSE  OF  REPRESENTATIVES, 
JULY  12,  1769. 

Gentlemen  of  the  House  of  Representatives, 

As  the  session  is  drawing  to  a  conclusion,  I  miist  desire  that 
you  will  give  an  answer  to  my  message  of  the  6th  instant,  and  that 
you  will  distinguish  between  the  charges  arising  from  the  hiring  of 
barracks,  and  furnishing  them,  and  the  charges  of  purchasing'  provi 
sions,  as  are  directed  by  act  of  Parliament  to  be  provided  by  this 
province  ;  and  that  you  will  also  give  an  answer,  whether  you  will  es 
tablish  funds  for  the  future  supply  of  provisions,  according  to  act  of 


184  MASSACHUSETTS    STATE    PAPERS. 

Parliament,  to  the  troops  quartered  in  barracks,  in  Boston,  or  which 
may  be  quartered  in  the  provincial  barracks,  on  Castle  Island,  or 
either  of  them.  And  I  desire  that  you  will  be  explicit  and  distinct 
in  those  particulars,  that  there  may  be  no  mistake  in  the  report  of 
your  resolutions  on  these  heads. 

In  my  former  message,  I  omitted  to  inform  you  that  the  barracks 
on  Castle  Island  will  not  conveniently  hold  a  regiment  without  an 
additional  building  for  officers'  rooms.  The  want  of  such  a  building 
has  been  inquired  into  by  the  Commissioners,  and  found  to  be  real ; 
and  an  estimate  of  the  expense  has  been  made,  which,  I  understand, 
amounts  to  two  hundred  and  fifty  pounds.  I  desire  that  you  will 
take  this  also  into  consideration,  and  let  me  know  your  resolution 
thereon.  FRA.  BERNARD. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  GOVERNOR'S  MESSAGES, 
OF  JULY  6  AND  12....JULY  15,  1769. 

May  it  please  your  Excellency, 

THE  House  of  Representatives  have  contemplated  your  sev 
eral  messages  of  the  6th  and  12th  instant,  as  fully  as  the  time,  to 
which  you  were  pleased  to  limit  them,  would  admit.  And  as  Gen 
eral  Gage's  letter  on  this  subject,  dated  15th  of  May,  of  which  we 
were  favored  with  an  extract  only,  must  have  been  received  be 
fore  the  meeting  of  the  General  Assembly,  we  think  it  very  extra 
ordinary  that  your  Excellency  should  suffer  five  or  six  weeks  to 
elapse,  before  you  thought  proper  to  give  us  the  least  intimation 
of  this  matter.  It  is  also  surprizing,  that,  as  the  Barrack  Master 
General,  Colonel  Robinson,  was  in  Boston  near  a  rrumth,  the 
greater  part  of  which  time,  the  General  Assembly  was  sitting,  we 
never  before  heard  of  the  "  demand"  which  he  had  "  the  honor  to 
make,"  as  he  is  pleased  to  express  himself,  in  his  letter  to  your 
Excellency,  of  the  18th  of  June.  It  is  wonderful  indeed,  that  this 
House  should  have  no  notice  of  that  demand,  till  the  6th  instant, 
and  that  a  quickening  message  should  so  soon  follow.  Between 
these  messages,  Lord's  day  intervening,  the  House  had  adjourned, 
as  usual,  from  Saturday  to  Monday.  But  it  is  truly  astonishing, 
that  when  the  gracious  desires  of  majesty  itself,  of  aids  in  men 
and  money  in  the  late  war,  in  which  we  freely  bled  with  our  fellow 
subjects  and  brethren  of  Great  Britain,  as  well  as  of  America ;  arid 
on  less  arduous  occasions  have,  with  royal  clemency  and  great 
condescension,  ever  been  intimated  in  the  form  only  of  a  requisi 
tion,  the  Barrack  Master  General  should  hold  so  high  and  peremp  - 


MASSACHUSETTS    STATE    PAPERS.  185 

tory  a  tone  as  the  word  demand,  must  necessarily  imply.  The  in 
dignity,  thus  offered  to  your  Excellency's  commission,  would  have 
been  an  affair  entirely  between  your  Excellency  and  the  Barrack 
Master  General,  had  it  not  been  communicated  to  us  as  an  appen 
dage,  nor  accompanied  your  message  of  the  6th  instant,  the  sub 
ject  of  which,  we  shall  now,  more  immediately  consider. 

The  public  proceedings  of  this  House,  we  trust,  will  sufficiently 
evince  to  the  whole  world,  and  to  all  posterity,  the  idea  we  enter 
tain  of  the  sudden  introduction  of  a  fleet  and  army  here  $  of  the 
unparalleled  methods  used  to  procure  this  armament;  and  of  the 
indefatigable  pains  of  your  Excellency,  and  a  few  interested  per 
sons,  to  keep  up  a  standing  force  here,  by  sea  and  land,  in  a  time 
of  profound  peace,  under  the  mere  pretence,  of  the  necessity  of 
such  a  force,  to  aid  the  civil  authority.  But  were  it  a  time  of  war, 
and  the  necessity  of  such  a  force  ever  so  great,  of  which  it  is  ad 
mitted,  the  King,  by  virtue  of  his  undoubted  prerogative  of  inarch 
ing  his  armies,  and  directing  his  fleets  to  any  part  of  his  realms  or 
dominions,  is  the  sole  judge ;  yet,  sir,  it  should  be  remembered, 
that  the  very  nature  of  a  free  constitution,  requires  that  those  fleets 
and  those  armies  should  be  supported  only  by  the  aids  voluntarily 
granted  by  the  Commons.  Thus,  till  very  lately,  they  have  been, 
supported,  not  only  in  Great  Britain  and  Ireland,  but  in  all  the 
British  dominions. 

May  it  please  your  Excellency,  we  are  constrained  to  be  very 
explicit  upon  the  funds  proposed,  and  the  law  alluded  to.  both  ia 
your  message  of  the  6th  instant,  and  in  the  extract  of  General 
Gage's  letter  before  us.  By  funds,  we  presume,  is  meant  a  provi 
sion  for  the  reimbursement  of  such  expenses  as  have  been  occa 
sioned,  or  may  accrue,  in  consequence  of  quartering  the  troops 
here  ;  and  by  law,  is  meant  the  mutiny  act,  so  commonly  called, 
which  was  passed  in  the  6th  year  of  the  reign  of  our  most  gracious 
•Sovereign.  By  this  act,  it  is  declared,  "  the  officers  and  soldiers 
quartered,  as  therein  more  particularly  expressed,  shall,  from  time 
to  time,  be  furnished  and  supplied  by  a  person  or  persons,  to  be 
authorized  or  appointed  for  that  purpose  by  the  Governor  and 
Council  of  each  respective  province  ;  or  upon  the  neglect  or  refu 
sal  of  such  Governor  and  Council,  in  any  province,  then  by  two 
or  more  Justices  of  the  Peace,  residing  in  or  near  the  place"  of 
quartering,  with  "  fire,"  and  other  enumerated  articles.  And 
that  the  respective  provinces  shall  "  repay  such  person  or  persons, 
all  such  sum  or  sums  of  money,  by  him  or  them  paid,  for  the  tak 
ing,  hiring,  and  fitting  up  uninhabited  houses,  and  for  furnishing 
the  officers  and  soldiers  therein,  and  in  the  barracks,"  with  ^  fire," 
and  the  other  enumerated  articles.  And  such  sum  or  sums  are.  by 
said  act,  required  to  be  "raised  in  such  manner  as  the  public 
charges  for  the  provinces  respectively  are  raised."  And  it  is  also 
further  declared  by  said  act,  that  "  the  extraordinary  expense  of 
9A 


jv 


J86  MASSACHUSETTS  STATE  PAPERS. 

carriages  to  be  paid  by  the  province  or  colony  where  the  same 
shall  arise." 

From  hence  it  is  obvious,  that  a  Governor  and  Council  have  no 
more  right,  by  this  act,  to  draw  money  out  of  a  colony  treasury, 
than  the  two  justices  mentioned  therein.  The  duty  prescribed,  is 
entirely  confined  to  the  appointment  of  a  person  or  persons,  to  fur 
nish  and  supply  the  articles  in  said  act  mentioned.  Such  is  the 
unreasonableness  and  severity  of  this  act,  that  it  leaves  to  the  As 
semblies  not  the  least  color  of  a  privilege,  but  only  the  pitiful 
power  to  raise  the  sums  in  such  manner  as  the  public  charges  of 
the  provinces  are  respectively  raised.  Hence  it  is  manifest,  how 
unwarrantably  the  Governor  and  Council  have  acted,  in  the  pay 
ments  they  have  ordered  between  the  dissolution  of  the  last  year's 
Assembly  and  the  convening  of  this,  for  articles  furnished  his  Ma 
jesty's  65th  regiment,  lately  quartered  in  the  barracks,  at  Castle 
William ;  for  it  is  known,  there  was  no  fund  provided,  consequent 
ly,  there  could  be  no  appropriation  made  by  the  General  Court  for 
thai^purpose. 

\We  shall  now,  with  your  Excellency's  leave,  take  a  nearer  view 
oftne  act  of  Parliament  above  mentioned.  The  whole  continent 
has,  for  some  years  past,  been  distressed  with  what  are  called  acts 
for  imposing  taxes  on  the  colonists,  for  the  express  purpose  of  rais 
ing  a  revenue  5  and  that,  without  their  consent  in  person,  or  by 
representative.  This  subject  has  been  so  fully  handled  by  the 
several  Assemblies,  and  in  the  publications  that  have  been  made, 
that  we  shall  be  as  brief  as  possible  upon  that  head;  but  we  take 
leave  to  observe,  that  in  strictness,  all  thoseacts  may  be_rather 
cal led  acts  Jor  i'aisingjMtribute Jn  A m^rtcaT^o^ie further  purposes 
ol  diss[pation^m7w]5p^^^^  And,  if  the  present 

system  of  measures  should  be  much  further  pursued,  it  will  soon 
be  very  difficult,  if  possible,  to  distinguish  the  case  of  widows  and 
orphans  in  America,  plundered  by  infamous  informers,  from  those 
who  suffered  under  the  administration  of  the  most  oppressive  of 
the  Governors  of  the  Roman  provinces,  at  a  period,  when  that  once 
proud  and  haughty  republic,  after  having  subjugated  the  finest 
kingdoms  in  the  world,  and  drawn  all  the  treasures  of  the  east  to 
imperial  Rome,  fell  a  sacrifice  to  the  unbounded  corruption  and 
venality  of  its  grandees.  But  of  all  the  new  regulations,  the  stamp 
act  not  excepted,  this  under  consideration,  is  the  most  excessively 
unreasonable.  For,  in  effect,  the  yet  free  Representatives  of  the 
free  Assemblies  of  North  America,  are  called  upon  to  repay,  of 
their  own  and  their  constituents  money,  such  sum  or  sums,  as  per 
sons  over  whom  they  can  have  no  check  or  control,  may  be  pleased 
to  expend !  As  Representatives,  we  are  deputed  by  the  people, 
agreeable  to  the  royal  charter  and  laws  of  this  province.  By  that 
charter  and  the  nature  of  our  trust,  we  are  only  empowered  to 
is  grant  such  aids,"  and  "  levy  such  taxes  for  his  Majesty's  ser 
vice,  as  are  reasonable ;"  of  which,  if  we  are  not  free  and  independ- 


MASSACHUSETTS  STATE  PAPERS.  187 

cut  judges,  we  can  no  longer  be  free  Representatives,  nor  our 
constituents  free  subjects.  If  we  are  free  judges,  we  are  at  liberty 
to  follow  the  dictates  of  our  own  understanding,  without  regard  to 
the  mandates  of  another;  much  less  can  we  be  free  judges,  if  we 
are  but  blindly  to  give  as  much  of  our  own  and  of  our  constituents 
substance,  as  may  be  commanded,  or  thought  fit  to  be  expended,  by 
those  we  know  not. 

Your  Excellency  must,  therefore,  excuse  us,  in  this  express  de 
claration,  that  as  we  cannot,  consistently  with  our  honor,  or  inter- v 
est,  and  much  less  with  the  duty  we  owe  our  constituents,  so  we   -IY 
.ghajl  never  make  provisjon  for  the  purposes  in  your  several  mes-   £? 
sageTTGove  mentioned. 

[The  Committee  who  prepared  this  answer,  were,  Col.  Otis, 
Major  Hawley,  Col.  Williams,  Mr.  Adams,  Mr.  Otis,  Col.  Ward, 
and  Mr.  Ilancock.l 


SPEECH 

OF  GOVERNOR  BERNARD,  TO  THE  HOUSE  OF  REPRESENTATIVES, 
JULY  15,  1769. 

Gentlemen  of  the  House  of  Representatives, 

AT  the  opening  of  this  session,  I  had  in  contemplation  the  ex 
pediency  of  passing  the  public  bills  which  were  necessary  to  the 
government,  with  all  due  expedition,  and  particularly  the  supply 
bill,  without  which,  the  whole  provincial  debt,  by  a  law  then  sub 
sisting,  would  have  been  levied  in  one  year,  which  would  have 
been  a  great  burthen  upon  the  people.  And  I  had  resolved  with 
myself  to  promote  the  expediting  such  necessary  bills,  and  to 
avoid  and  remove,  as  far  as  I  could,  all  difficulties  which  might 
obstruct  the  same.  But  you,  gentlemen,  had  not  the  same  dispo 
sition  ;  you  not  only  put  a  stop  to  all  business,  with  the  most 
trifling  pretences,  for  some  weeks  together,  but  you  endeavored, 
by  all  means  you  could,  to  oblige  me,  in  the  course  of  my  duty,  to 
put  an  abrupt  end  to  the  session,  before  you  would  permit  the  ne 
cessary  business  of  the  province  even  to  be  brought  before  you. 

In  this,  you  had  some  success  ;  you  put  me  under  the  difficulty 
of  either  not  making  proper  provision  for  the  necessary  service  of 
the  government,  which  could  not  be  done  without  continuing  the 
session,  or  by  a  continuation  of  it,  showing  a  want  of  regard  to  the 
dignity  of  the  Crown.  The  assertions,  declarations  and  resolu 
tions  which  you  have,  from  the  beginning  of  the  session  to  this 
time,  continued  to  issue,  in  direct  opposition  to  the  sense  of  the 
sovereign  legislature,  as  it  has  been  lately  declared,  and  in  terms 


1 


188  MASSACHUSETTS    STATE    PAPERS. 

entirely  inconsistent  with  the  idea  of  this  province  being  a  part  of 
the  British  empire,  would  have  demanded  of  me  an  immediate  vin 
dication  of  the  honor  of  the  Crown,  by  putting  an  early  end  to  this 
session,  if  I  had  not  been  restrained  by  my  concern  for  the  exi 
gency  of  the  state.  And  I  must  rely  upon  his  Majesty's  favorable 
indulgence  in  accepting  my  attention  to  the  necessities  of  the 
people,  in  lieu  of  the  resentment  which  was  due  to  the  misbe 
havior  of  their  Representatives. 

To  his  Majesty,  therefore,  and,  if  he  pleases,  to  his  Parliament, 
must  be  referred  your  invasion  of  the  rights  of  the  imperial  sove 
reignty.  By  your  own  acts  you  will  be  judged.  You  need  not 
be  apprehensive  of  any  misrepresentations  ;  as  it  is  not  in  the 
power  of  your  enemies,  if  you  have  any,  to  add  to  your  publica 
tions  5  they  are  plain  and  explicit,  and  need  no  comment. 

It  is  my  duty,  and  I  shall  do  it  with  regret,  to  transmit  to  the 
King,  true  copies  of  your  proceedings  ;  and,  that  his  Majesty  may 
have  an  opportunity  to  signify  his  pleasure  thereon,  before  you 
meet  again,  I  think  it  necessary  to  prorogue  this  General  Court, 
immediately,  to  the  usual  time  of  its  meeting  for  the  winter  ses 
sion.  FRA.  BERNARD. 


PETITION 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  KING,  TO  REMOVE  SIR  FRAN 
CIS  BERNARD  FOREVER  FROM  THIS  GOVERNMENT,  AGREEBLE  TO  THE 
UNANIMOUS  VOTE  OF  THE  HOUSE.  JUNE  27,  1769. 

Most  Gracious  Sovereign, 

WE,  your  Majesty's  most  dutiful  and  faithful  subjects,  the 
Representatives  of  your  ancient  and  loyal  colony  of  the  Massa 
chusetts  Bay,  impressed  with  the  deepest  gratitude  to  Almighty 
God,  for  calling  to  the  British  succession  your  illustrious  family  ; 
and  so  firmly  establishing  your  Majesty  on  the  throne  of  your 
royal  progenitors  :  And  being  abundantly  convinced  of  your  Ma 
jesty's  grace  and  clemency,  most  humbly  implore  the  royal  favor, 
while  we  briefly  represent  our  grievances,  which  your  Majesty 
alone,  tinder  God,  can  redress. 

We  are  constrained,  in  duty  to  your  Majesty,  and  in  faithfulness 
to  our  constituents,  to  lay  before  your  Majesty  our  complaints  of 
his  Excellency  Sir  Francis  Bernard,  Baronet,  your  Majesty's 
Governor  of  this  colony,  whose  whole  administration  appears  to 
have  been  repugnant,  not  only  to  your  Majesty's  service,  and  the 
welfare  of  your  subjects  in  the  colony,  but  even  to  the  first  princi 
ples  of  the  British  constitution. 


MASSACHUSETTS    STATE    PAPERS.  189 

From  his  first  arrival  here,  he  has,  in  his  speeches  and  other 
public  acts,  treated  the  Representative  body  with  contempt. 

He  has,  in  his  public  speeches,  charged  both  Houses  of  the 
General  Assembly  expressly,  with  oppugnation  against  the  royal 
authority;  declaring  that  they  had  left  gentlemen  out  of  the  Coun 
cil,  only  for  their  fidelity  to  the  Crown. 

He  has,  from  time  to  time,  indiscreetly  and  wantonly  exercised 
the  prerogative  of  the  Crown,  in  the  repeated  negative  of  Counsel 
lors  of  an  unblemished  reputation,  and  duly  elected  by  a  great 
majority,  some  of  them  by  the  unanimous  suffrage  of  both  Houses 
of  Assembly. 

He  has  declared,  that  certain  seats  at  the  Council  Board  shall  be 
kept  vacant,  till  certain  gentlemen,  who  are  his  favorites,  shall  be 
reelected. 

He  has,  unconstitutionally,  interfered  with,  and  unduly  influenced 
elections,  particularly  in  the  choice  of  an  agent  for  the  colony. 

He  has  very  abruptly  displaced  divers  gentlemen  of  worth,  for 
no  apparent  reason,  but  because  they  voted  in  the  General  Assem 
bly  with  freedom,  and  against  his  measures. 

He  has,  in  an  unwarrantable  manner,  taken  upon  himself  the 
exercise  of  your  Majesty's  royal  prerogative,  in  granting  a  charter 
for  a  college,  contrary  to  an  express  vote  of  the  House  of  Repre 
sentatives,  and  without  even  asking  the  advice  of  your  Majesty's 
Council. 

He  has  practiced  the  sending  over  depositions  to  the  ministry, 
privately  taken,  against  gentlemen  of  character  here,  without  giv 
ing  the  persons  accused,  the  least  notice  of  his  purposes  and  pro 
ceedings. 

He  has  very  injuriously  represented  your  Majesty's  loving  sub 
jects  of  this  colony  in  general ;  as  having  an  ill  temper  prevailing 
among  them;  as  disaffected  to  your  Majesty's  government,  and  in 
tending  to  bring  the  authority  of  Parliament  into  contempt.  And, 
by  such  false  representations,  he  has  been  greatly  instrumental,  as 
this  House  humbly  conceive,  in  exciting  jealousies,  arid  disturbing 
the  harmony  and  mutual  affection  which  before  happily  subsisted, 
and  we  pray  God,  may  again  subsist  between  your  Majesty's  sub 
jects  in  Great  Britain  and  America. 

He  has,  in  his  letters  to  one  of  your  Majesty's  ministers,  unjust 
ly  charged  the  majority  of  your  Majesty's  faithful  Council  in  the 
colony,  with  having  avowed  the  principles  of  opposition  to  the 
authority  of  Parliament,  and  acted  in  concert  with  a  party,  from 
whence  such  opposition  originated. 

He  has,  also,  in  his  letter  to  another  of  your  Majesty's  ministers, 

falsely  declared,  that  a  plan  was  laid,  and  a  number  of  men  actually 

enrolled,  in  the  town  of  Boston,  to  seize  your  Majesty's  Castle 

William,  in  the  harbor  of  the  same,  out  of  your  Majesty's  hands. 

Such  representations  of  the  state  and   circuwistances  of  this 


190  MASSACHUSETTS  STATE  PAPERS. 

colony,  from  a  gentleman  of  the  highest  trust  in  it,  will,  of  neces 
sity,  be  received  with  full  credit,  till  they  are  made  to  appear 
false.  And,  in  consequence  thereof, your  Majesty's  true  and  loyal 
subjects  have  suffered  the  reproach,  as  well  as  other  hardships,  of 
having  a  military  force  stationed  here,  to  support  your  Majesty's 
authority,  and  the  execution  of  the  laws ;  which  measure  has  been 
approved  by  your  Majesty's  two  Houses  of  Parliament,  as  appears 
in  their  resolutions,  that  the  town  of  Boston  had  been  in  a  state  of 
disorder  and  confusion,  and  that  the  circumstances  of  the  colony 
were  such  as  required  a  military  force,  for  the  purposes  above 
mentioned. 

Having  been  a  principal  intrument,  as  we  apprehend,  in  pro 
curing  this  military  force,  your  Majesty's  said  Governor,  in  an  un 
precedented  manner,  and  as  though  he  had  designed  to  irritate  to 
the  highest  degree,  ordered  the  very  room  which  is  appropriated 
for  the  meeting  of  the  Representatives  of  the  General  Assembly, 
and  was  never  used  for  any  other  purpose,  and  where  their  records 
are  kept,  to  be  employed  as  a  barrack  for  the  common  soldiers. 
And  the  sentinels  were  so  posted,  as  that  your  Majesty's  Council, 
and  the  Justices  of  the  Courts  of  Common  Law,  were  daily  inter 
rupted,  and  even  challenged,  in  their  proceeding  to  the  business  of 
their  several  departments. 

He  endeavored,  contrary  to  the  express  design  of  an  act  of 
Parliament,  to  quarter  your  Majesty's  troops  in  the  body  of  the 
town  of  Boston,  while  the  barracks,  provided  by  the  government  at 
the  Castle,  within  the  town,  remained  useless.  And,  for  purposes 
manifestly  evasive  of  said  act,  he  unwarrantably  appointed  an  offi 
cer  to  provide  quarters  for  the  troops,  otherwise  than  is  therein 
prescribed. 

After  having  dissolved  the  General  Assembly,  at  a  most  critical 
season,  and  while  they  were  employed  in  the  most  necessary  and 
important  business  of  the  colony,  he  arbitrarily  refused  to  call 
another,  for  the  space  often  months,  and  until  the  time  appointed, 
in  the  royal  charter,  for  the  calling  a  General  Assembly,  against 
the  repeated  dutiful  petitions  of  the  people. 

It  appears,  by  his  letters  to  the  Earl  of  Hillsborough,  your 
Majesty's  Secretary  of  State,  that  he  has  endeavored  to  overthrow 
the  present  constitution  of  government  in  this  colony,  and  to  have 
the  people  deprived  of  their  invaluable  charter  rights,  which  they 
and  their  ancestors  have  happily  enjoyed,  under  your  Majesty's 
administration,  and  those  of  your  royal  predecessors. 

By  the  means  aforesaid,  and  many  others  that  might  be  enume 
rated,  he  has  rendered  his  administration  odious  to  the  whole  body 
of  the  people  ;  and  has  entirely  alienated  their  affections  from  him, 
and  thereby  wholly  destroyed  that  confidence  in  a  Governor,  which 
your  Majesty's  service  indispensibly  requires. 

Wherefore,  we  most  humbly  entreat  your  Majesty,  that  his 
Excellency  Sir  Francis  Bernard,  Baronet,  may  be  for  ever  removed 


MASSACHUSETTS    STATE    PAPERS.  191 

from  the  government  of  this  province.  And,  that  your  Majesty 
would  be  graciously  pleased,  to  place  one  in  his  stead,  worthy  to 
serve  the  greatest  and  best  Monarch  on  earth. 

[The  committee,  who  reported  this  petition,  were,  the  Speaker, 
(Mr.  Gushing,)  Col.  Otis,  Capt.  Sheaffe,  Gen.  Preble,Mr,  Adams, 
Mr.  Hancock,  Mr.  Spooner,  Mr.  Otis,  and  Mr.  Porter.] 


LETTER 

FROM  THE  COUNCIL  AND  HOUSE  OF  REPRESENTATIVES,  TO  W.  BOLLAN, 
ESQ.  AGENT  IN  ENGLAND,  ON  APPEALS,  JULY  16,  1769. 

— 1 

THIS  colony  has  lately  been  very  much  alarmed,  by  an  order's  l 
being  obtained  from  his  Majesty,  in  Council,  granting  an  appeal  to 
them  from  a  final  judgment  of  the  Supreme  Court  of  Judicature, 
&c.  in  this  colony,  in  an  action  of  ejectment,  wherein  one  David 
Jeffries  was  demandant,  and  Nathaniel  Donnell,  Esq.  defendant. 

Although  this  action  is  a  dispute  about  private  property,  be 
tween  individuals,  yet  as  the  establishing  such  a  precedent,  would 
be  fatal  in  its  consequences  to  the  American  colonies,  it  demands 
the  attention  of  the  General  AssemblyT} 

This  colony  wns  settled  by  private  adventurers,  at  their  own 
expense,  and  thereby  an  extensive  country  added  to  the  dominion 
of  Great  Britain.  The  lands  were  purchased  of  natives,  by  those 
adventurers,  and  their  successors,  who  thereby  acquired  as  abso 
lute  a  property  in  the  soil,  as  a  British  subject  can  attain.  The 
right  to  the  soil  hath  been  confirmed  and  established  by  royal 
charters,  and  is  expressly  confirmed  and  established,  by  the  char 
ter  granted  to  this  province,  by  their  late  Majesties,  King  William 
and  Queen  Mary,  of  glorious  memory,  which  has  never  been  for 
feited,  or  any  way  vacated,  wherein  their  said  Majesties,  for  them 
selves,  their  heirs  and  successors,  granted  to  the  inhabitants  of  the 
province  or  territory  of  the  Massachusetts  Bav^  all  the  lands  and 
hereditaments,  whatsoever,  lying  within  the  limits  of  said  prov 
ince  5  to  have  and  to  hold  the  same,  with  their  appurtenances,  to 
the  said  inhabitants  and  their  successors,  to  their  only  proper  use 
and  behoof  forever,  to  be  holden  of  their  said  Majesties,  their  heirs 
and  successors,  as  of  the  Manor  of  East  Greenwich,  in  the  county 
of  Kent,  by  fealty  only,  in  free  and  common  sockage,  yielding  and 
paying  therefor,  to  their  said  Majesties,  their  heirs  and  successors, 
the  fifth  part  of  all  gold  and  silver  ore,  and  precious  stones,  which 
may,  from  time  to  time,  and  at  all  times,  be  found  and  obtained,  in, 
any  of  the  said  lands  or  premises. 

In  and  by  the  same  charter,  their  said  late  Majesties  did,  for 


192  MASSACHUSETTS  STATE  PAPERS. 

themselves,  their  heirs  and  successors,  give  and  grant,  that  the 
General  Court  of  the  same  province,  should  forever  have  full 
power  and  authority  to  erect  arid  constitute  Judicatories,  and 
Courts  of  Record,  or  other  Courts,  to  be  held  in  the  name  of  their 
said  late  Majesties,  their  heirs  and  successors,  for  the  hearing, 
trying  and  determining  of  all  manner  of  crimes,  offences,  pleas, 
processes,  plaints,  actions,  matters,  causes  and  things,  whatsoever, 
arising  or  happening  within  the  same  province,  or  territory,  or  be 
tween  persons  happening  or  residing  there,  whether  the  same  be 
criminal  or  civil  5  whether  the  said  crimes  be  capital  or  not  capi 
tal  ;  and  whether  the  said  pleas  be  real,  personal  or  mixed  ;  and 
for  the  awarding  execution  thereupon,  saving  only  an  appeal  to 
his  Majesty,  in  Council,  in  personal  actions,  wherein  the  matter 
in  difference  exceeds  the  value  of  SQQL  sterling  :  Provided  always, 
that  nothing  therein,  should  extend  or  be  taken  to  erect,  grant,  or 
allow  the  exercise  of  any  Admiralty  Court,  jurisdiction,  or  power, 
but  that  the  same  should  be,  and  thereby  was  reserved  to  their 
said  late  Majesties  and  their  successors.  From  which  it  follows, 
according  to  the  ancient  maxim,  except io  probat  regulam,  that  the 
Judicatories  and  Courts,  erected  and  constituted  in  this  colony,  in 
consequence,  and  by  virtue  of  the  same  charter,  have  cognizance 
of,  and  full  power  and  authority  of  finally  judging  and  determining 
all  actions,  arising  or  happening  within  the  province,  excepting 
matters  properly  cognizable  in  the  Admiralty  Court,  and  that  no 
appeal  lieth  from  such,  determinations  and  judgments,  to  any  court 
or  jurisdiction,  whatever,  excepting  only,  the  above  mentioned  in 
stance  in  personal  actions,  where  the  matter  in  difference  exceeds 
the  value  of  300/.  sterling. 

We  also  clearly  hold,  that,  of  common  right,  actions  of  eject 
ment,  and  all  real  actions,  are  local,  and  triable  only  in  the  re 
spective  counties  where  the  lands  or  tenements,  in  question,  be. 
This  principle  of  law  is  so  fully  established,  that  whenever  at 
tempts  have  been  made  to  draw  into  question  titles  of  law,  in  other 
counties,  (though  in  actions  in  their  own  nature  transitory,)  such 
attempts  have  ever  been  suppressed  by  the  wisdom  of  the  judges 
and  sages  of  the  law,  as  subtle  and  dangerous  innovations  in  dero 
gation  of  the  common  law.  Therefore,  the  establishing  a  prece 
dent  for  granting  appeals  to  his  Majesty  in  Council,  from  the  final 
judgment  and  determinations  of  the  proper  courts  in  this  colony, 
in  real,  or  any  other  actions,  that  draw  the  title  of  freeholders,  in 
question,  would  be  the  subverting  of  an  ancient  principle  of  the 
common  law,  as  well  as  contrary  to  the  great  charter,  which  or 
dains  that  no  freeman  shall  be  disseized  of  his  freehold,  or  any 
otherwise  destroyed,  but  by  lawful  judgment  of  his  peers,  by  the 
law  of  the  land,  would  be  in  direct  violation  of  the  royal  charter, 
granted  to  this  colony,  and  pregnant  with  every  mischief  that  can 
possibly  arise  to  its  inhabitants. 

Without  mentioning  the  parties  being  deprived  of  a  trial  by  a 


MASSACHUSETTS    STATE    PAPERS.  193 

jury  from  the  vicinity,  who  must  be  supposed  to  be  the  most  com 
petent  judges  of  the  facts,  views,  and  all  circumstances  of  local 
evidence,  it  will  be  impossible  for  the  inhabitants  of  this  colony, 
in  general,  to  defend  their  titles  at  the  distance  of  three  thousand 
miles,  against  claims,  however  groundless  and  unjust.  The  greater 
part  of  the  estates  in  this  colony  are  so  small,  that  it  is  with  diffi 
culty  that  the  freeholder,  however  industrious  or  frugal,  supplies 
his  family  with  the  necessaries  of  life,  and  pays  his  proportion  of 
taxes  for  the  ordinary  support  of  government  His  whole  estate, 
converted  into  money,  would  be  insufficient  to  defray  the  ordinary 
expense  and  charges  of  defending  a  suit  in  Great  Britain.  In  ev 
ery  such  appeal,  judgment  must,  therefore,  of  course,  be  obtained 
against  him  by  default,  and  he  subjected  to  perpetual  imprison 
ment,  for  cost.  This  is  the  case  of  by  much  the  greater  part  of 
the  landholders  in  this  colony,  and,  indeed,  there  are  but  few 
that  would  not  be  within  the  same  mischief.  Therefore,  the  es 
tablishing  such  a  precedent,  would  infallibly  enable  a  few  wealthy 
men,  whether  resident  in  the  colonies,  or  elsewhere,  by  setting  up 
groundless  and  unjust  complaints,  to  possess  themselves,  under 
color  of  law,  ol  the  greatest  part  of  the  lands  and  hereditaments  of 
his  Majesty's  faithful  subjects  in  this  colony,  and  would  actually 
reduce  them  to  as  abject  and  miserable  situation  and  condition, 
as  that  of  ancient  Villenage.  where,  although  the  villain  might  pur 
chase  lands  in  fee,  yet  he  held  them  only  at  the  will  of  his  lord. 

The  train  of  evils,  consequent  upon  this,  is  obvious  ;  agriculture, 
the  natural  livelihood  of  this  infant  colony,  will  be  discouraged, 
and  the  settling  and  peopling  this  extensive  continent,  prevented. 
The  trade  of  the  colonies  is  already  unhappily  expiring,  and  should 
agriculture  meet  with  the  same  fate,  the  very  sinews  of  the  Com 
monwealth  will  be  destroyed,  and  his  Majesty's  subjects,  in  this 
colony,  reduced  to  a  state  of  desperation. 

You  are,  therefore,  strictly  enjoined,  to  use  your  utmost  endeavor 
to  prevent  so  fatal  a  precedent's  being  established.  And  we 
would  inform  you,  for  your  assistance  herein,  that  an  appeal, 
claimed  to  his  Majesty  in  Council,  from  a  judgment  of  the  Supreme 
Court,  in  the  province  of  New  York,  in  the  case  of  Forsey  vs. 
Cunningham,  even  in  a  personal  action,  has  lately  been  dismissed, 
as  not  warranted  by  law. 
25 


MASSACHUSETTS  STATE  PAPERS. 


LETTER 

GLANI 
SENTA 

London,  February  11,  1769. 


FROM  D.  DE  BERDT,  ESQ.  AGENT  IN  ENGLAND,  TO  THE    SPEAKER  OF  THE 
HOUSE  OF  REPRESENTATIVES. 


SIR, 

You  are  not  without  warm  and  steady  friends,  in  both  Houses 
of  Parliament,  who  are  grieved  at  the  hardships  vou  are  under.  I 
waited,  yesterday,  on  Lord  Shelburne,  who  is  deeply  impressed 
with  a  sense  of  your  difficulties;  and  says,  if  he  had  been  still  in 
the  Ministry,  he  should  have  composed  all  your  difficulties,  with 
out  any  military  force :  for,  when  he  was  in  the  administration, 
your  colony  paid  him  the  most  respectful  and  obliging  conduct  of 
any  of  the  colonies ;  and  he  will  endeavor  to  serve  you,  in  any 
particular,  wherein  he  thinks  it  just  to  do  it. 

The  Ministry  seem  confused  and  perplexed,  and  intoxicated 
with  high  notions  of  power,  which  gives  great  uneasiness  here,  as 
well  as  the  affairs  of  America. 

Yesterday,  the  livery  of  London  met,  to  give  instructions  to 
their  Representatives,  which  were  of  a  very  spirited  nature;  in 
which,  they  recommend  their  care  to  encourage  and  promote  our 
trade  to  all  the  British  colonies.  The  whole  of  such  instructions 
must  be  displeasing  to  the  Ministry.  And,  now  London  has 
begun,  it  is  more  than  probable,  this  method  of  instruction  will 
run  through  the  greatest  part  of  the  kingdom  ;  and,  I  hope,  will 
have  a  good  effect ;  at  least,  that  it  will  shew  the  general  temper 
of  the  people,  to  cultivate  a  good  understanding  and  trade  with 
America. 

I  was,  also,  since  my  last,  with  Colonel  Barre,  who  is  a  hearty 
and  zealous  friend  to  America,  and  to  your  colony  in  particular. 
He  is  very  sensible  of  the  difficulties  you  are  under ;  and  is  ready, 
at  all  times,  to  exert  himself  in  your  favor. 

D.  DE  BERDT. 


SPEECH 

OF  THE  LIEUTENANT  GOVERNOR,  TO  THE  COUNCIL  AND  HOUSE  OF  REPRE 
SENTATIVES,  MARCH  IS,  1770,  AT  THE  OPENING  OF  THE  SESSION. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  INTENDED  to  have  met  the  Court,  on  the  10th  of  January,  at 
Boston,  being  the  time  and  place  to  which  it  stood  prorogued,  when 
the  Governor  left  the  province  ;  but,  by  the  two  last  packets  from 


MASSACHUSETTS    STATE    PAPERS.  195 

England.  Thave  received  ^uch  instructions,  as  made  it  necessary 
for  me  furthel^o  prorogue 'it  to  this  time  ~5nd  place  ;  and,  I  am 
informed,  that,  before  the  session  is  ended,  1  may  expect  to  have 
something,  in  special  command  from  his  Majesty,  relative  to  the 
state  and  circumstances  of  the  province,  to  lay  before  you.  In  the 
mean  time,  I  shall  be  ready  to  join  with  you,  in  such  of  our  inte 
rior  business,  as,  shall  be  thought  necessary,  or  expedient.  The 
state  of  this  business,  I  am  not  able,  particularly,  to  point  out  to 
you,  having  had  but  little  knowledge  of  the  affairs  of  the  General 
Court,  for  several  years  past.  There  are  amendments  or  altera 
tions,  absolutely  necessary  to  be  made,  in  some  of  our  laws,  the  de 
fects  of  which  have,  of  late,  been  a  subject  of  general  complaint ;  I 
shall,  hereafter,  propose  them  to  you  by  messages.  I  have  another 
matter,  also,  of  general  utility,  which  I  shall  lay  before  you  in 
the  same  way. 

You  cannot  oblige  me  more,  than  by  putting  it  in  my  power  to 
concur  with  you  in  measures  for  promoting  the  peace,  good  order, 
and  lasting  tranquillity  of  the  province. 

I  am  sensible  the  season  of  the  year  is  approaching,  when  you 
cannot  be  absent  from  your  several  homes,  without  peculiar  preju 
dice  to  your  private  affairs.  I  shall,  therefore,  do  all  that  is  neces 
sary,  on  my  part,  to  give  the  greatest  despatch  to  the  business  of 
the  session  ;  at  the  same  time,  I  am  willing  to  give  attendance 
upon  it,  as  long  as  we  can  employ  ourselves  for  the  benefit  of  the 
province.  T.  HUTCHINSON. 


REMONSTRANCE 

OF  THE  HOUSE  OF  REPRESENTATIVES,  AGAINST  THE  PROROGATION  OF  THE 
GENERAL  COURT,  BY  THE  MANDATE  OF  THE  MINISTER,  &c.  ADDRESSED 
TO  THE  LIEUTENANT  GOVERNOR,  MARCH  15,  1770. 

May  it  please  your  Honor, 

THE  House  of  Representatives  of  this,  his  Majesty's  colony, 
observing  in  your  proclamation  for  proroguing  the  General  As 
sembly,  that  you  were  pleased  to  assign  as  the  only  reason,  "  that 
you  had  received  instructions  to  meet  the  said  Assembly,  at  Cam 
bridge,"  think  it  their  indispensable  duty  to  remonstrate  to  your 
Honor,  against  any  such  reason,  for  proroguing  this  Court,  as 
being  an  infraction  of  our  essential  rights,  as  men  and  citizens,  as 
well  as  those  derived  to  us  by  the  British  constitution,  and  the 
charter  of  this  colony. 

We  would  further  beg  leave  to  remonstrate  to  your  Honor,  that 
the  holding  a  General  Assembly  in  Harvard  College,  is  utterly 
repugnant  to  the  interest  of  that  seminary  of  learning,  and,  conse- 


196  MASSACHUSETTS    STATE    PAPERS. 

quently,  to  the  designs  of  the  Representatives  of  this  people,  in  so 
liberally  granting  the  monies  of  their  constituents,  for  its  emolu 
ment  and  support. 

For  these  reasons,  the  House  of  Representatives  are  indispensa 
bly  obliged  to  pray  your  Honor  to  exert  the  authority  derived  to 
you  from  his  Majesty's  royal  commission,  agreeable  to  the  charter 
of  this  colony,  and  vested  in  you  alone,  in  adjourning  this  great 
and  General  Assembly,  to  its  ancient  place,  the  Court  House,  in 
Boston. 

We  forbear  to  mention,  particularly  to  your  Honor,  the  great 
inconveniences  which  attend  the  sitting  of  the  Assembly,  in  Cam 
bridge,  where  the  Members  cannot  be  accommodated ;  but  more 
especially,  as  they  are  at  a  distance  from  the  place  where  the  re 
cords  of  the  Assembly  are  kept. 

[This  remonstrance  was  prepared  by  the  Speaker,  Mr.  Adams, 
Mr.  Otis,  Capt.  Sheaffe>  Mr.  Hancock,  Col.  Bowers,  and  Mr.  Hall.] 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR,  TO  THE  HOUSE  OF  REPRESENTATIVES, 
MARCH  16,  1770. 

Gentlemen  of  tJte  House  of  Representatives, 

THERE  being  reserved,  by  the  royal  charter,  to  this  province, 
certain  powers  to  the  Governor,  whensoever  his  Majesty's  pleasure 
is  signified  to  me,  whilst  I  am  Commander  in  Chief,  in  what  man 
ner  those  powers  shall  be  exercised,  I  think  myself  bound  to  con 
form  to  it. 

[  wish  that  every  part  of  my  administration,  whether  by  force  of 
instructions,  or  otherwise,  might  be  satisfactory  to  the  Members  of 
the  House  ;  but  I  must  not  depart  from  my  duty  to  the  King.  If 
I  should  comply  with  the  desire  of  the  House,  in  adjourning  or  pro 
roguing  the  Court,  to  Boston,  I  apprehend  I  should  incur  his  Ma 
jesty's  displeasure  ;  and  I  the  rather  hope  it  will  not  be  expected 
from  me,  because  I  shall  never  take  exception  to  the  exercise  of 
any  powers,  which  are  constitutionally  in  the  House,  although  such 
powers  should  be  exercised,  in  consequence  of  instructions  given 
to  the  Members  of  the  House,  by  their  constituents. 

T.  HUTCHINSON. 

[The  House  sent  a  message  to  the  Council,  requesting  them  to 
take  such  measures  as  they  shall  think  proper  for  the  removal  of 
the  Court,  to  Boston.  The  Council  sent  a  message  to  the  Lieuten 
ant  Governor  on  the  subject,  and  he  replied  to  the  Council,  by 
message  ;  both  of  which  follow.] 


MASSACHUSETTS  STATE  PAPERS.  197 


ADDRESS 

OF  THE  COUNCIL  TO  THE  LIEUTENANT  GOVERNOR,  IN  REPLY  TO  HIS 
SPEECH,  AT  THE  OPENING  OF  THE  SESSION,  MARCH  20,  1770. 

THE  Board  have  given  all  due  attention  to  your  speech  at  the 
opening  of  the  present  session.  Your  Honor  is  pleased  to  say,  that 
vour  intention  was  to  have  met  the  Court,  at  Boston,  on  the  10th 
of  January,  judging,  \ve  humbly  presume,  that  it  was  most  for  the 
public  benefit,  as  well  as  the  particular  convenience  of  the  Mem 
bers,  that  the  Court  should  convene  at  that  time,  and  that  the  busi 
ness  of  the  province  should  be  then  transacted.  It  gives  us,  there 
fore,  sensible  concern,  to  find  your  Honor,  immediately  after  de 
claring,  that  "  instructions  received  from  England,  made  it  neces 
sary  for  you  further  to  prorogue  it  to  another  time  and  place." 
Solicitous,  as  we  always  are,  for  the  preservation  of  the  royal  pre 
rogative,  we  are  equally  anxious  for  the  good  of  the  people.  We 
cannot  excuse  ourselves,  therefore,  from  observing  to  your  Honor, 
that  if  his  Majesty's  Representatives  should,  from  time  to  time, 
receive  directions  respecting  such  matters,  as,  from  the  local  cir 
cumstances  of  the  province,  he  must  have  greater  advantages  to 
judge  of  himself,  we  fear,  many  inconveniences  may  arise. 

If  your  Honor  should,  upon  thoroughly  revolving  the  matter 
again  in  your  mind,  be  convinced,  that  though  you  were  instructed 
to  meet  the  Assembly,  in  Cambridge,  yet  his  Majesty's  service, 
and  the  interest  of  the  province,  conspire  to  render  it  fit  that  the 
remaining  part  of  the  session  should  be  at  the  usual  place  for  hold 
ing  the  General  Court ;  or  should  think  that  the  reason  for  its  sit 
ting  in  this  place  has  now  ceased,  the  Board  presume  to  hope,  that 
your  Honor  will  adjourn  it  to  the  Court  House,  in  Boston. 

The  Board,  moreover,  beg  leave  to  suggest  to  your  Honor,  that 
Governor  Bernard's  wanton  exercise  of  power,  in  rejecting  so 
great  a  number  of  the  gentlemen  who  were  elected  Counsellors 
in  May  last,  has  rendered  a  very  general  attendance  of  the  present 
Council  necessary.  And  as  a  number  of  Members  are  prevented, 
by  bodily  indisposition,  from  giving  their  presence,  who  could 
attend  if  the  Court  was  removed  to  its  former  place,  there  is  dan 
ger,  from  the  great  number  of  committees,  which  will  be  wanted 
in  the  course  of  the  session,  that  if  it  should  continue  here,  the 
business  of  the  province  may  be  greatly  retarded. 

The  Board  are  humbly  of  opinion,  considering  the  present  state 
of  the  province,  that  your  Honor  will  run  no  risk  of  incurring  his 
Majesty's  displeasure,  by  complying  with  the  request  of  both 
Houses. 

When  your  Honor  shall  "  lay  any  matter  before  the  Court, 
which  you  may  receive  in  special  command  from  his  Majesty,  rela 
tive  to  the  state  and  circumstances  of  the  province,"  the  Board 


,      . 


198  MASSACHUSETTS  STATE  PAPERS. 


\vill  not  fail  to  pay  that  regard  to  it,  which  every  thing  coming 
from  our  gracious  Sovereign,  justly  demands. 

The  disadvantages  arising  from  the  prorogation  of  the  Court  at 
this  time,  when  the  season  of  the  year  is  approaching,  that  the 
Members  cannot  be  absent  from  their  several  homes,  without  pecu 
liar  prejudice  to  their  private  affairs,  is  sensibly  felt  by  us.  So 
great  despatch  cannot  be  given  to  the  business  of  the  session,  if  the 
Court  should  continue  here,  as  if  removed  to  its  ancient  seat.  We 
are,  however,  obliged  to  your  Honor,  for  assuring  us  that  you  shall 
do  all  which  is  necessary  to  that  end,  on  your  part  ;  and  that  you 
are  willing,  at  the  same  time,  to  give  attendance  upon  it,  as  long 
as  the  Court  can  be  employed  for  the  benefit  of  the  province  ; 
which,  we  assure  your  Honor,  this  Board  will  ever  make  the  great 
object  of  their  pursuit. 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  COUNCIL,  IN  REPLY  TO  THE 
FOREGOING,  MARCH  21,  1770. 

Gentlemen  of  the  Council, 

I  THANK  you  for  your  address.  Had  my  removal  of  the  Court 
from  Boston  to  Cambridge,  been  founded  merely  upon  my  own 
opinion  of  the  expediency  of  the  measure ;  or  if  I  knew  that  the 
motives,  which  caused  my  order  to  prorogue  the  Court  were  ceas- 
ed,  the  reasons  urged  by  the  Council,  and  the  House,  would  have 
their  due  weight  and  influence  over  me ;  but  I  neither  prorogued  the 
Court  here,  from  my  own  motives,  nor  have  I  reason  to  think  that 
the  motives  for  ordering  it  to  be  done,  now  cease.  However  it 
may  seem  to  others,  I  must  consider  myself  as  a  servant  of  the 
King,  to  be  governed  by  what  appears  to  me  to  be  his  Majesty's 
pleasure  in  those  things,  which  otherwise  I  might  have  a  right  to 
do,  or  not  to  do,  according  to  my  discretion. 

T.  HUTCHINSON. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  SPEECH  OF  THE  LIEUTEN 
ANT  GOVERNOR,  DELIVERED  TO  BOTH  HOUSES,  AT  THE  OPENING  OF  THE 
SESSION,  MARCH  27,  1770. 

May  it  please  your  Honor, 

THE  House  have  taken  your  speech,  at  the  opening  of  this 
session?  into  their  consideration,  and  cannot  but  express  their  con- 


MASSACHUSETTS  STATE  PAPERS.  J99 

cern,  at  your  Honor's  supposing  yourself  to  have  been  necessitated, 
by  the  instructions  you  have  received,  to  prorogue  the  General 
Court  to  this  time  and  place  ;  and  are  constrained  to  say,  that  if 
your  Honor's  principles,  in  that  respect,  are  hereafter  to  be  adopt 
ed  by  the  Commanders  in  Chief,  of  this  province,  we  hope  his  Ma 
jesty's  Ministers  will  pay  more  regard  to  the  charter  and  constitu 
tion  of  this  province,  than  they  seem  to  have  done  in  this  instance, 
before  they  again  advise  our  most  gracious  Sovereign  to  give  such 
instructions. 

We  shall  cheerfully  attend  to  your  Honor's  message,  respecting 
any  necessary  amendments  or  alterations  in  our  laws,  or  any  other 
matter  of  common  utility,  and  are  very  desirous  of  transacting  the 
business  of  this  province,  which  is  now  greatly  in  arrear,  with  des 
patch  ;  but  the  many  inconveniences  attending  the  holding  of  the 
General  Court,  at  Cambridge,  will,  of  necessity,  greatly  retard  it. 

However,  your  Honor  may  rely  upon  it,  that  this  House  will  do 
every  thing  in  their  power  for  promoting  the  peace,  good  order, 
and  lasting  tranquillity  of  this  province. 

[The  committee  who  prepared  the  above,  consisted  of  the  Speak" 
er,  Mr.  Adams,  Mr.  Leonard,  Col.  Otis,  and  Major  Hawley.] 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTA 
TIVES,  IN  ANSWER  TO  THEIR  VERBAL  MESSAGE,  MARCH  22, 1770. 

Gentlemen  of  the  House  of  Representatives, 

YOUR  committee,  by  a  verbal  message,  have  desired  me  to 
communicate  to  the  House,  a  copy  of  the  instructions,  which  I 
have  received,  for  meeting  the  Court,  at  Cambridge.  I  shall  always 
be  sorry  when  it  is  not  in  my  power  to  comply  with  the  desire  of 
the  House.  I  am  not  at  liberty  to  do  it  now,  because  the  King  has 
been  pleased  to  order  that  no  letters  nor  instructions  to  his  Gov 
ernor,  shall  be  communicated,  without  his  Majesty's  special  leave. 

T.  HUTCHINSON. 


MESSAGE 

FROM  THE   HOUSE  OF    REPRESENTATIVES,  TO  THE  LIEUTENANT 
GOVERNOR,  MARCH  23,  1770. 

May  it  please  your  Honor, 

THE  House  of  Representatives  beg  leave  still  to  remonstrate 
to  your  Honor,  against  the  holding  this  General  Assembly  in  Cam 
bridge,  as  being  repugnant  to  the  constitution,  and  the  law  of  this 
Commonwealth, 


200  MASSACHUSETTS    STATE    PAPERS. 

By  an  act,  passed  in  the  jtenth  year  of  his  late  Majesty,  King 
William,  of  glorious  memory,  which  received  his  royal  approba 
tion,  and  is  now  in  force,  the  form  of  a  writ  for  calling  the  Gen 
eral  Assembly,  is  established  ;  wherein  it  is  ordered,  that  the 
General  Assembly  be  convened,  held  and  kept  in  the  Town  House, 
in  Boston.  Hence  it  appears,  that  the  Town  House,  in  Boston,  is, 
by  law,  established,  as  the  only  place  for  holding  the  Assembly; 
and  we  take  the  liberty  to  express  our  sentiments,  that  no  instruc 
tion  ought  to  be  deemed  of  sufficient  force,  to  invalidate  the  law. 

With  regard  to  the  instruction,  which  seems  to  lie  with  so  much 
weight  on  your  Honor's  mind,  we  would  observe,  that  when  a  bill 
was  brought  into  the  British  Parliament,  to  give  the  royal  instruc 
tions  in  the  colonies,  the  force  of  law,  the  Commons  then  asserted  the 
rights  of  the  people,  and  rejected  it  with  disdain. 

We,  therefore,  again  intreat  your  Honor,  further  to  take  this 
matter  under  your  cat  ^deration,  and,  agreeable  to  the  request  of 
both  Houses,  to  order  the  removal  of  this  General  Assembly,  to  its 
ancient  and  legal  place,  the  Court  House,  in  Boston. 

[The  committee,  by  whom  this  message  was  reported,  was  Col. 
Otis,  Mr.  Hancock,  Capt.  Sheaife,  Mr.  Adams,  and  Mr.  Leonard.] 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTA 
TIVES,  IN  REPLY  TO  THE  FOREGOING,  MARCH  23,  1770. 

Gentlemen  of  the  House  of  Representatives, 

YOUR  observation  upon  the  form  of  the  writ  for  calling  the 
General  Assembly,  has  been  made  in  former  controversies,  so  long 
ago  as  in  Governor  Burnet's  administration,  but  it  did  not  then 
prevail.  The  words,  "  the  town  of  Boston,"  in  the  writ,  like  the 
words  "  William  the  Third,"  were  understood  to  be  mere  matter 
of  form  ;  the  one  adapted  to  the  place  where  the  Court  had  usually 
been  held  5  the  other,  to  the  Prince  then  on  the  throne. 

I  have  never  attempted  to  give  the  King's  instructions  the  force 
of  laws.  If  I  was  convinced,  that,  by  any  law,  the  Court  must  be 
held  at  Roston,  I  should  not  very  easily  be  induced  to  prorogue 
it  to  any  other  place,  until  such  law  should  be  repealed. 

T.  HUTCHINSON. 


MASSACHUSETTS    STATE    PAPERS.  201 

REPORT  AND  RESOLUTIONS, 

ADOPTED  MARCH  24, 1770,  IN  THE  HOUSE  OF  REPRESENTATIVES  ;  PREPARED 
BY  A  COMMITTEE,  APPOINTED  TO  CONSIDER  THE  STATE  OF  THE  PROVINCE, 
AND  TO  INQUIRE  INTO  PUBLIC  GRIEVANCES. 

[The  committee  were.  Mr.  Gushing,  (the  Speaker,)  Mr.  Adams, 
Alaj.  Hawley,  Col.  Otis,  Mr.  Leonard,  Mr.  Hancock,  Capt.  Sheaft'e, 
Mr.  Spoouer,  and  Capt.  Derby.] 

WHEREAS,  in  and  by  an  act  of  this  province,  made  and  passed 
in  the  tenth  year  of  his  late  Majesty,  King  William  the  Third,  it 
is  enacted  and  ordained,  that  the  writ,  to  be  at  any  time  thereafter 
issued  by  the  Governor  of  the  said  province,  shall  be  in  the  form 
following :  [Here  the  form  of  the  writ  is  given ;  which  require* 
that  the  great  and  General  Court  or  Assembly  of  the  province, 
should  be  holden  "  at  the  Town  House,  in  Boston,"  $*c.]  which 
said  act  was,  in  due  season,  laid  before  his  said  Majesty,  King 
William  the  Third,  of  glorious  memory  5  and  did  then  receive  his 
royal  approbation  ;  and  therefore,  being  a  perpetual  act,  and  not 
repealed^  is  now  in  full  force,  and  cannot  be  repealed  by  any 
authority,  but  that  of  the  legislative  body  of  this  province.  This 
being  the  form  of  the  writ  prescribed  in  the  said  act,  the  Town 
House,  in  Boston*  is  the  place  thereby  established,  for  the  holding 
and  keeping,  as  well  as  the  convening  the  great  and  General  As 
sembly  of  this  province. 

And  whereas  this  province,  by  a  perpetual  act  of  the  fifth  of 
William  and  Mary,  both  made  provision  for  upholding  and  repair 
ing  the  said  Town  House,  in  Boston,  for  the  holding  of  the  said 
Assembly,  which  amounts  to  an  establishment  of  the  seat  of  gov 
ernment  in  that  place  ;  and  seems  to  be  the  foundation  and  reason 
of  expressly  inserting  the  name  of  the  place,  in  the  form  of  the 
writ  aforesaid  :  And  also,  in  providing  them  an  elegant  mansion 
house,  for  the  residence  of  the  Governor  :  And  the  said  General 
Assembly  hath  constantly  been  convened,  held  and  kept,  at  the 
said  town  house,  in  Boston,  agreeably  to  the  act  aforesaid ;  pesti 
lential  sickness  in  said  town,  and  other  extraordinary  cases,  neces 
sarily  preventing  it,  excepted  :  i 

Resolved,  That  the  holding  and  keeping,  as  well  as  the  conven-"] 
ing  the  said  great  and  General  Assembly,  by  force  of  instruction, 
or  otherwise,  at  any  other  place,  than  in  Boston  aforesaid,  is 
attended  with  very  great  inconveniences  ;  is  contrary  to  the 
ancient  custom  and  usage  of  the  said  Assembly  ;  in  direct  repug 
nance  of  the  constitution  and  the  establishment  aforesaid  ;  and 
therefore  a  grievance. 

And  whereas  both  Houses  of  this  Assembly,  have  remonstrated 
to  his  Honor  the  Lieutenant  Governor,  and"  present  Commander 
in  Chief  of  this  colony,  against  the  holding  this  General  Assembly, 


202  MASSACHUSETTS  STATE  PAPERS. 

in  Cambridge  ;  and  have  prayed  his  Honor  to  remove  the  same  to 
its  ancient  seat,  the  Court  House,  in  Boston  ;  but  his  Honor  hath 
repeatedly  refused  to  comply  with  their  request : 

Therefore,  resolved,  That  this  House  do  now  proceed  to  busi 
ness,  under  this  grievance,  only  from  absolute  necessity  ;  hereby 
protesting  against  the  illegality  of  holding  the  Assembly  as  afore 
said  ;  and  ordering  this,  their  protest,  to  be  entered  on  their  jour 
nals,  to  the  end,  that  the  same  may  not  be  drawn  into  precedent  at 
any  time  hereafter. 

And  whereas  his  Honor,  the  Lieutenant  Governor,  hath  been 
pleased,  in  his  answer  of  yesterday,  to  a  message  of  this  House,  to 
intimate,  that  the  aforesaid  act  of  this  province,  of  the  tenth  of 
William  the  Third,  in  no  wise  establishes  the  Town  House,  in  Bos 
ton,  as  the  place  for  convening,  holding  and  keeping  the  General 
Assembly  ;  expressly  declaring,  that  "  the  words  the  town  of  Bos 
ton,  in  the  writ  prescribed  in  said  act,  like  the  words  William  the 
Third,  were  understood  to  be  mere  matters  of  form." 

Resolved,  As  the  sense  of  this  House,  that  his  Honor's  strictures 
thereon,  are  not  satisfactory  or  conclusive.  The  name  of  the  King, 
is  of  the  substance  of  the  writ ;  but  the  words  William  the  Third, 
as  all  other  words,  descriptive  of  things,  in  their  own  natur£  change 
able,  mitst,  in  all  established  forms,  be  equally  changeable  them 
selves  ;  and  so  far,  may  be  considered  as  mere  matter  of  form,  or 
gratia  exempli.  Yet,  that  can  by  no  means  be  the  case,  with  re 
spect  to  words,  descriptive  of  things  in  their  own  nature,  fixed  and 
perpetual,  as  when  a  certain  place  is  designated. 

Therefore,  resolved,  That  the  determination  of  this  House,  to 
proceed  to  business,  is  by  no  means  to  be  considered,  at  any  time 
hereafter,  as  a  renunciation  of  the  claim  of  the  House  to  the  legal 
right  of  sitting  in  General  Assembly,  at  its  ancient  place,  the  Court 
House,  in  Boston. 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR,  TO  THE  COUNCIL  AND  THE  HOUSE  OF 
REPRESENTATIVES,  APRIL  7,  1770. 

Gentlemen  of  the  Council^  and 

Gentlemen  of  the  House  of  Representatives, 

THE  Secretary  will  lay  before  you  several  papers,  which  I  have 
received  from  one  of  his  Majesty's  Justices  of  the  Peace,  and  divers 
other  persons,  inhabitants  of  the  town  of  Gloucester,  and  which 
relate  to  a  very  disorderly  and  riotous  transaction  in  said  town. 
A  person  appears  to  have  been  most  inhumanly  treated,  for  seek 
ing  redress  in  the  course  of  the  law,  for  former  injuries  received. 


MASSACHUSETTS    STATE    PAPERS.  203 

As  this  information  comes  to  me  while  the  General  Court  is  sit 
ting,  I  have  thought  it  proper  to  communicate  it  to  the  House  of 
Representatives,  as  well  as  to  his  Majesty's  Council,  that  if  any 
act,  or  order  of  the  whole  Legislature,  shall  be  judged  necessary, 
for  strengthening  or  encouraging  the  executive  powers  of  govern 
ment,  there  may  be  an  opportunity  for  it.  I  must  observe  to  you, 
that  a  number  of  persons,  of  the  same  town,  were  prosecuted  and 
fined,  at  the  Superior  Court,  for  the  county  of  Essex,  in  June  last, 
for  injuring  the  person  and  property  of  the  present  complainant, 
in  a  barbarous  manner;  and  if  it  be  truly  represented,  that  the 
same  persons  have  been  concerned  in  this  second  oftence,  it  is  a 
great  aggravation  of  their  crime,  and  a  defiance  of  the  laws  and 
authority  of  government.  T.  HUTCHINSON. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES,  TO  THE  FOREGOING, 
APRIL  23,  1770. 

May  it  please  your  Honor, 

THE  House  of  Representatives  have  taken  into  due  consider 
ation  your  message  of  the  7th  instant,  with  the  papers  laid  before 
them  by  the  Secretary,  agreeable  to  your  direction. 

We  assure  your  Honor,  that  we  have  the  utmost  abhorrence  of 
all  disorderly  and  riotous  transactions.  It  is  the  disposition,  as 
well  as  the  duty,  of  this  House,  to  take  the  most  effectual  measures 
to  discountenance  them  5  and  to  strengthen  and  encourage  the  ex 
ecutive  officers  in  the  exercise  of  all  their  lawful  powers  of  gov 
ernment.  Nothing,  therefore,  shall  be  wanting  on  our  part,  for  the 
promoting  of  these  purposes,  whenever  any  further  steps  shall  ap 
pear  to  us  to  be  necessary.  (At  present,  it  is  the  opinion  of  the 
House,  that  the  laws  now  in  oeing,  duly  executed,  would  be  fully 
sufficient ;  and,  to  add  to  the  severity  of  the  provision  made  by 
them,  without  an  apparent  and  very  urgent  necessity,  might  put 
into  the  hands  of  the  civil  magistrate,  a  power  that  would  be  dan 
gerous  to  the  rights  and  liberties  of  the  people. 

When  complaints  are  made  of  riots  and  tumults,  it  is  the  wis 
dom  of  government,  and  it  becomes  the  Representatives  of  the  peo 
ple,  especially,  to  inquire  into  the  real  causes  of  them.  If  they 
arise  from  oppression,  as  is  frequently  the  case,  a  thorough  redress 
of  grievances  will  remove  the  cause,  and,  probably,  put  an  end  to 
the  complaint.  It  may  justly  be  said,  of  the  people  of  this  province, 
that  they  seldom,  if  ever,  have  assembled  in  a  tumultuous  manner, 
unless  they  have  been  oppressed.  It  cannot  be  expected,  that  a 
people,  accustomed  to  the  freedom  of  the  English  constitution, 


204  MASSACHUSETTS    STATE    PAPEES. 

will  be  patient,  while  they  are  under  the  hand  of  tyranny  and 
arbitrary  power.  They  will  discover  their  resentment  in  a  manner, 
which  will  naturally  displease  their  oppressors  ;  and,  in  such  a 
case,  the  severest  laws,  and  the  most  rigorous  execution,  will  be  to 
little  purpose.  The  most  effectual  method  to  restore  tranquillity, 
would  be  to  remove  their  burthens,  and  to  punish  all  those  who 
have  been  the  procurers  of  their  oppression^] 

Your  Honor,  in  your  message,  has  pointed  us  to  an  instance, 
which  you  are  pleased  to  call  "  a  very  disorderly  and  riotous 
transaction,  in  the  town  of  Gloucester  ;"  but,  we  cannot  think  it 
consistent  with  the  justice  of  this  House,  to  come  into  measures, 
which  may  imply  a  censure  upon  individuals,  much  less  upon  a 
community  hitherto  unimpeached  in  point  of  good  order  ;  or  even 
to  form  any  judgment  upon  the  matter,  until  more  light  shall  ap- 
pear,  than  the  papers,  accompanying  your  message,  afford.  fTfie 
House  cannot  easily  conceive,  what  should  determine  your  Honor 
so  particularly  to  recommend  this  instance  to  the  consideration  of 
the  Assembly,  while  others  of  a  much  more  heinous  nature,  and 
dangerous  tendency,  have  passed  altogether  unnoticed  in  ^vour 
message.  Your  having  received  the  information,  while  the  Gen 
eral  Court  is  sitting,  cannot  alter  its  nature  and  importance,  or 
render  it  more  or  less  necessary  to  be  considered  by  the  Legisla 
ture.  The  instance,  admitting  it  to  be  truly  represented,  in  all 
its  aggravating  circumstances,  certainly  cannot  be  more  threatening 
to  government,  than  those  enormities  which  have  been  notoriously 
committed  by  the  soldiery  of  late  ;  and,  in  many  instances,  have 
strangely  escaped  punishment,  though  repeated  more  than  a  second 
time,  and  in  defiance  of  the  laws  and  authority  of  government. 

A  military  force,  if  posted  among  the  people,  without  their  ex 
press  consent,  is  itself  one  of  the  greatest  grievances,  and  threatens 
the  total  subversion  of  a  free  constitution  ;  much  more,  if  designed 
to  execuf  a  system  of  corrupt  and  arbitrary  power,  and  even  to 
exterminate  the  liberties  of  the  country.  The  bill  of  rights, passed 
immediately  after  the  revolution,  expressly  declares,  that  "  the 
raising  and  keeping  a  standing  army  within  the  kingdom,  in  a  time 
of  peace,  without  the  consent  of  Parliament,  is  against  law."  And 
we  take  this  occasion  to  say,  with  freedom,  that  the  raising  and 
keeping  a  standing  army  within  this  province,  in  a  time  of  peace, 
without  the  consent  of  the  General  Assembly,  is  equally  against 
law.  Yet  we  have  seen  a  standing  army  procured,  posted  and 
kept  within  this  province,  in  a  time  of  profound  peace,  not  only 
without  the  consent  of  the  people,  but  against  the  remonstrance  of 
both  Houses  of  Assembly.  Such  a  standing  army  must  be  designed 
to  subjugate  the  people  to  arbitrary  measures.  It  is  a  most  violent 
infraction  of  their  natural  and  constitutional  rights.  It  is  an  un 
lawful  assembly,  of  nil  others  the  most  dangerous  and  alarming ; 
i  and  every  instance  of  its  actually  restraining  the  liberty  of  any 
j  individual,  is  a  crime,  which  infinitely  exceeds  what  the  law  in- 


MASSACHUSETTS    STATE    PAPERS.  205 


tends  by  a  riot.  Surely  then,  your  Honor  cannot  think  this  House 
can  descend  to  the  consideration  of  matters,  comparatively  trifling, 
while  the  capital  of  the  province  has  so  lately  been  in  a  state  of 
actual  imprisonment,  and  the  government  itself  is  under  duress. 

The  fatal  effects,  which  will  forever  attend  the  keeping  a  stand-* 
ing  army  within  a  civil  government,  have  been  severely  felt  in 
this  province.  They  landed  in  a  hostile  manner,  and  with  all  the 
ensigns  of  triumph  ;  and  your  Honor  must  well  remember,  that 
they  early  invested  the  Manufactory  House,  in  Boston  ;  a  capa 
cious  building,  occupied  by  a  number  of  families,  whom  they 
besieged  and  imprisoned.  The  extraordinary  endeavors  of  the 
Chief  Justice  of  the  province,  to  procure  the  admission  of  troops 
into  that  house,  in  a  manner  plainly  against  law,  will  not  easily  be 
erased  from  the  minds  of  this  people.  Surely  your  Honor  could 
not  be  so  fond  of  military  establishments,  as  willingly  to  interpose 
in  a  matter  which  might  possibly  come  before  you  as  a  judge.  To 
what  else  can  such  astonishing  conduct  be  imputed,  unless  to  a 
sudden  surprize,  and  the  terror  of  military  power  in  the  Chief  Jus 
tice  of  the  province,  which  evidently  appeared  to  have  also  arrested 
the  inferior  magistrates. 

We  shall  not  enlarge  on  the  multiplied  outrages  committed  by 
this  unlawful  assembly;  in  frequently  assaulting  his  Majesty's 
peaceable  and  loyal  subjects;  in  beating  and  wounding  the  magis 
trate,  when  in  the  execution  of  his  office ;  in  rescuing  prisoners 
out  of  the  hands  of  justice;  and  finally,  in  perpetrating  the  most 
horrid  slaughter  of  a  number  of  inhabitants,*  but  a  few  days  before 
the  sitting  of  this  Assembly,  which  your  Honor  must  undoubtedly 
have  heard  of.  IjujLqot  the  least  notice^oXJhese  outrageous  of^ 
fences  has-been  taken;  nor  can  we  fiWrtnemosTdistant  hint  of  tne 
late  mHuman  anH'barbarous  action,  either  in  your  speech,  at  the 
opening  of  the  session,  or  even  in  this  message,  to  both*  Houses. 
These,  vioteace&j  «^£requently  committed,  added...  to  the  most 
rigorous^jmd  oppressive  prosecutions,  carried  on  by  the  Crown 
against  IKe  subjects',  grounded  upon  unconstitutional  acts  ; 
and  in  the  Court  of  Admiralty,  uncontroled  by  the  Courts  of 
Common  Law,  have  been  justly  alarming  to  the  people.  The 
HisnrfWj  which  your  Honor  so  earnestly  recommends  to^ffie 
consideration^XJthk^Assembiyy  very  -probably  took  iis  rise  'from 
such  provocations,  ike  use,  tnereiore,  which  we  shall  make  of 
T17e  information  in  your  message,  shall  be  to  inquire  into  the  grounds 
of  the  people's  uneasiness,  and  to  seek  a  radical  redress  of  their 
grievances.  Indeed,  it  is  natural  to  expect,  that  while  the  terror 
of  arms  continues  in  the  province,  the  laws  will  be  in  some 
degree  silent.  But  when  the  channels  of  justice  shall  be  again 
opened,  and  the  law  can  be  heard,' the  person  who  has  com 
plained  to  your  Honor,  if  he  has  truly  represented  his  case,  will 
have  his  remedy.  Wre  yet  entertain  hopes,  that  the  military  pow- 

*  The  massacre  of  March  5,  1770.  ***** 


206  MASSACHUSETTS  STATE  PAPERS. 

er,  so  grievous  to  the  people,  will  be  removed  from  the  province, 
to  stations  where  it  may  better  answer  the  design,  for  which  it  was 
originally  raised.  Till  then,  we  have  nothing  to  expect,  but  that 
tyranny  and  confusion  will  prevail  in  defiance  of  the  laws  of  the 
land,  and  the  just  and  constitutional  authority  of  government. 

We  cannot  avoid,  before  we  conclude,  to  express  the  deepest 
concern,  that  while  the  people  are  loudly  complaining  of  intoler 
able  grievances,  the  General  Assembly,  itself,  has  just  reason  to 
remonstrate  against  a  violent  and  repeated  infringement  of  their 
constitutional  right.  In  order  to  avoid  the  most  flagrant  impro 
priety  of  its  being  kept  in  a  garrisoned  town,  it  was  the  last  ses 
sion,  as  it  were,  driven  from  its  ancient  and  legal  seat ;  and  even, 
now,  it  is  held  in  this  place,  at  a  distance  from  its  offices  and 
records,  and  subject  to  the  greatest  inconveniences,  without  any 
necessity,  which  we  can  conceive,  or  the  least  apparent  reason. 
These  alarming  considerations  have  awakened  and  fixed  our  atten 
tion  ;  and  your  Honor  cannot  think,  we  can  very  particularly 
attend  to  things  of  less  moment,  within  the  jurisdiction  of  the  Exec 
utive  Courts,  at  a  time,  when,  in  faithfulness  to  our  constituents, 
our  minds  are  necessarily  employed  in  matters  which  concern  the 
very  being  of  the  constitution. 

[The  committee  were,  Col.  Otis,  Mr.  Williams,  of  Taunton, 
Maj,  Hawley,  Mr.  Adams,  Mr.  Otis,  Mr.  Hancock,  and  Mr.  San 
ders,  of  Gloucester.] 

NOTE. 

At  the  session  in  April,  1770,  T.  Gushing;,  the  Speaker,  being 
unable  to  attend,  by  reason  of  sickness,  John  Hancock  was  chosen 
Speaker,  pro  tern.  ;  but  the  Lieutenant  Governor  did  not  approve 
of  him,  and  Col.  J.  Warren  was  then  chosen. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT 
GOVERNOR,  MAY  31,  1770. 

May  it  please  your  Honor, 

BEING  returned,  by  our  respective  towns,  to  represent  them 
in  the  great  and  General  Court  or  Assembly  of  this  province,  di 
rected  by  his  Majesty's  writ,  under  your  hand  and  seal,  to  be  con 
vened  at  Harvard  College,  in  Cambridge,  *We  beg  leave  to  repre 
sent  to  your  Honor,  our  opinion,  that  the  only  writ,  established  by 
law,  for  convening  a  General  Assembly,  is  apparently  formed 
upon  a  supposition,  that  the  Town  House,  in  Boston,  is  the  only 
place,  where  the  said  Assembly  is  to  be  convened,  held  and  kept. 


MASSACHUSETTS    STATE    PAPERS.  207 

Our  fathers,  in  1721,  were  evidently  of  opinion,  that  the  conven 
ing,  holding  and  keeping  the  Assembly  at  any  other  place,  was 
contrary  to  the  act  of  this  province,  of  the  10th  of  William  the 
Third,  which  establishes  the  form  of  the  writ.  Accordingly,  when 
the  Assembly  was  then  adjourned  to  this  place,  though  the  Provi 
dence  of  God  had  rendered  it  impossible  for  them,  consistent  with 
safety  to  their  lives,  to  meet  in  Boston,  by  reason  of  a  contagious 
distemper,  which  raged  there,  Governor  Shute  declared,  that  he 
did  not  mean  the  adjournment  should  ever  after  be  drawn  into 
precedent  5  and  the  three  branches  of  the  Legislature  passed  a  re 
solve,  to  make  valid  their  proceedings  ;  which  they  would  not 
have  done,  if  they  had  thought  the  adjournment  from  the  Town 
House,  in  Boston,  however  necessary,  had  been  consistent  with 
the  before  mentioned  legal  establishment. 

Indeed,  in  1729,  Governor  Burnet,  without  any  such  necessity, 
ordered  the  Assembly  to  be  convened  at  Salem  ;  but  the  Repre 
sentatives  of  the  people  then  remonstrated  to  the  Governor  against 
the  illegality  of  the  measure  ;  and  although  he  insisted  upon  it, 
they  never  yielded  the  point.  We  do  not  recollect  any  other  in 
stance  of  the  removal  of  the  Assembly  from  Boston,  except  in 
cases  of  the  same  necessity  with  that  in  1721.  But,  in  the  present 
case,  not  the  least  shadow  of  necessity  appears  5  for  no  instruc 
tions,  or  orders,  from  any  authority,  inferior  to  that  of  the  whole 
Legislature^xan  avail  with  your  Honor,  to  set  aside  a  legal  estab- 
lishment.  (How  far  you  may  be  bound,  by  the  instructions  you 
may  have  received,  is  not  for  us  to  determine  ;  but  when  such  in- 
structions  shall,  in  their  operation,  infringe  on  the  legal  and  es 
sential  rights  of  this  Assembly,  you  cannot  JiWt  expect  they  will 
awaken  our  attention,  ami  alarm  our  jealousy^) 

If  we  could  possibly  admit,  that  the  law  above  mentioned,  did  not 
absolutely  determine  the  Town  House,  in  Boston,  to  be  the  estab 
lished  seat  of  this  Assembly,  and  that  it,  therefore,  remained  a 
prerogative  of  the  Crown,  in  your  Honor's  discretion,  to  remove 
it  to  this,  or  any  other  place,  it  ought  always  to  be  remembered, 
that  the  prerogative  is  a  discretionary  power,  in  some  instances, 
vested  in  the  King  only,  for  the  good  of  the  subject.  We  cannot 
presume,  that  his  Majesty  would  exercise  that  power,  or  suffer 
any  servant  of  his  to  exercise  it  to  a  different  end.  "  The  prerog 
ative  of  the  Crown  extends  not  to  do  any  injury  ;  for  being  created 
for  the  benefit  of  the  people,  it  cannot  be  exerted  to  their  prejudice." 
But  the  continuance  of  the  Assembly  in  this  place  is  not  only  at 
tended  with  very  great  inconvenience  to  us,  being  at  a  distance 
from  our  offices  and  records  ;  is  not  only  contrary  to  the  ancient 
custom  and  usage  of  the  Assembly  ;  in  direct  repugnance  to  the 
constitution  and  establishment  aforesaid  ;  but  is  also,  in  many  re 
spects,  so  far  from  tending  to  the  good  of  the  subjects,  that  it  ex 
tends  to  their  injury  and  prejudice.  And  we  would  particularly  ob 
serve  upon  the  great  impropriety  of  the  Assembly  being  held  in 


208  MASSACHUSETTS  STATE  PAPERS. 

this  place,  as  it  is  an  invasion  of  private  property,  arid  a  perver 
sion  of  the  true  design  of  our  forefathers,  in  planting  this  seminary 
of  learning ;  and  it  may  also  hereafter  be  made  a  precedent  for 
establishing  the  authority  of  the  College  in  very  different  hands 
from  those  in  which  its  happy  constitution  has  placed  it. 

For  the  above  mentioned  reasons,  we  think  it  our  indispensable 
duty,  before  we  proceed  upon  the  business  of  the  Assembly,  to  re 
monstrate  to  your  Honor,  against  its  being  held  in  this  or  any 
place,  other  than  the  Town  House,  in  Boston. 

[The  remonstrance  above,  passed  the  House  the  SOth,  being  the 
first  day  of  the  session  ;  but  the  Lieutenant  Governor,  not  being  in 
the  chair,  it  could  not  be  presented  that  day.  The  House,  there 
fore,  ordered  the  following  protest  to  be  entered  on  their  journal.] 


PROTEST 

OF  THE  HOUSE  OF  REPRESENTATIVES,  ADOPTED  AND  ENTERED  ON  THEIR 
JOURNAL,  MAY  30, 1770. 

WHEREAS,  this  House  hath  passed  a  remonstrance  to  his  Honor 
the  Lieutenant  Governor,  against  holding  the  General  Court  in 
this  place,  or  any  other,  than  in  the  Town  House,  in  Boston  ;  which 
remonstrance  cannot  now  be  presented,  his  Honor  not  being  in  the 
chair ;  and  whereas,  according  to  the  royal  charter  of  this  province, 
it  is  necessary  that  this  Court  proceed  to  the  choice  of  Counsel 
lors,  for  the  year  ensuing,  on  this  day,  being  the  last  Wednesday 
of  May  :  Therefore,  resolved,  that  this  House  do  proceed  to  the 
said  election  of  Counsellors,  at  this  time,  only  from  necessity ; 
protesting  against  its  being  drawn  into  precedent  at  any  time 
hereafter,  or  considered  as  a  voluntary  receding  of  the  House 
from  their  constitutional  claim. 


SPEECH 

OF  THE  LIEUTENANT  GOVERNOR,  TO  BOTH  HOUSES,  MAY  31,  1770. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

NOT  having  received  any  special  commands  from  his  Majesty, 
to  be  communicated  to  you,  I  have  only  to  recommend  to  your 
consideration,  the  public  business  of  the  province,  which  it  has 


MASSACHUSETTS    STATE    PAPERS.  209 

been  usual  for  the  General  Court  to  act  upon,  at  this  season  of 
the  year. 

Analagous  to  the  constitution  of  the  Supreme  Legislature,  it  is 
with  you,  gentlemen  of  the  House  of  Representatives,  to  originate 
a  bill  for  supplying  the  treasury  with  a  sum  sufficient  to  defray 
the  necessary  charges  of  government ;  an  estimate  of  which,  the 
Treasurer  will  lay  before  you.  The  consideration  of  the  tax  for 
the  present  year,  comes  also  within  the  same  rule.  For  several 
years  past,  the  taxes  have  been  much  reduced,  and  in  one  year, 
there  was  no  provincial  tax  ;  a  large  public  debt,  therefore,  still 
remains,  with  which  the  present  year  is  burdened  ;  and  you  will, 
I  doubt  not,  think  it  greater  than  your  constituents  can  con 
veniently  discharge  at  once.  I  am  ready  to  give  my  consent  to  a 
bill  for  reducing  this  sum,  and  charging  a  part  of  it  upon  a  future 
year;  but,  out  of  regard  to  the  public  interest,  I  cannot  help  put 
ting  you  'in  mind,  that,  although  we  are  now  in  a  state  of  peace, 
yet,  from  the  vicissitudes  to  \vhich  all  human  affairs  are  liable,  and 
from  the  present  commotions  in  Europe,  the  time  of  our  continu 
ance  in  this  state,  is  very  uncertain ;  and  his  Majesty's  British 
dominions  may,  ere  long,  be  again  involved  in  war.  If  we  shall 
have  then  a  large  public  debt  remaining,  it  will  be  a  heavy  clog 
upon  us,  and  we  may  see,  too  late,  that  it  is  good  policy,  in  times 
of  peace,  to  discharge  the  debts  incurred  in  times  of  war.  If  I 
am  rightly  informed,  some  of  the  other  colonies  are  entirely  free 
from  their  debts,  contracted  in  the  last  war;  and  all  of  them  are 
more  so,  in  proportion,  than  we  are.  — > 

I  will  not  determine,  gentlemen,  but  I  pray  you  to  consider, 
whether  the  discontinuing  the  excise  upon  spiritous  liquors,  which 
used  to  ease  the  tax  upon  polls  and  estates,  has  been  of  advantage 
to  the  province,  or  whether  it  is  not  probable  that  it  has  only 
caused  a  proportionably  greater  unnecessary  consumption  of  such 
liquors,  to  the  detriment  of  the  health  and  morals  of  the  people.  ^J 

Gentlemen, 

A  multitude  of  petitions  came  before  the  General  Court  the  last 
year,  some  of  which,  seemed  to  be  of  very  small  importance,  and  I 
thought  it  hardly  consistent  with  the  dignity  of  the  Court,  to  take 
cognizance  of  them.  The  Assembly  then  passed  one  act,  which 
had  a  tendency  to  lessen  the  number  of  private  petitions ;  and  I 
should  be  glad  if  further  expedients  could  be  agreed  upon  to  the 
like  purpose. 

I  wish  for  a  happy  harmony  in  the  Legislature,  and  I  will  most 
readily  concur  with  you,  in  every  measure  you  shall  propose,  as 
far  as  can  consist  with  my  duty  to  the  King,  and  the  regard  I  bear 
to  the  interest  of  the  province.  T.  HUTCH INSON. 

07 


210  MASSACHUSETTS    STATE    PAPERS. 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 

MAY  31,  1770. 

Genll&men  of  the  House  of  Representatives; 

\J3Y  the  charter,  the  Governor  has  the  power  of  adjourning  and 
proroguing  the  General  Assembly.  There  is  no  limitation  of  time 
or  place.  Can  it  be  supposed,  that,  merely  by  force  of  the  form  of 
a  writ,  for  calling  the  General  Assembly,  this  power  is  taken  away 
or  abridged  ?  Will  it  not  rather  be  supposed,  that  the  word  "  Bos 
ton"  in  this  writ,  is  rnorp  ninitte1'  tf  fyrmj;  especially  when  it  is 
considered,  that  it  wiIT~5e"  equally  necessary  for  the  writ  to  be 
dated  at  Boston  ;  for  that  is  a  part  of  the  form,  as  it  is  for  the  Court 
to  be  convened  there  ?  Now  it  must,  in  the  very  nature  of  the 
thing,  be  perfectly  indifferent  in  what  place  the  writ  is  datec£3 

I  am  sensible  there  have  been  disputes  upon  this  point,  both  in 
Governor  Shute's  and  Governor  Burnct's  administration.  But  in 
Governor  Burnet's  time,  the  dispute,  as  I  apprehend,  was  settled  ; 
and  I  cannot  help  being  of  opinion,  that  you  are  moving  a  matter 
which  has  been  more  than  forty  years  at  rest ;  and  I  must  put  you. 
in  mind,  that  in  1737,  the  King,  for  the  more  convenient  carrying 
into  execution  a  commission  for  settling  the  line  between  this 
province  and  New  Hampshire,  instructed  the  Governor  to  remove 
the  General  Court  to  Salisbury,  where  more  than  one  session  was 
held.  Whether  this  was  necessary,  I  will  not  determine.  But  if 
it  was  necessary,  I  know  that  his  Majesty  was  the  sole  judge  of 
the  necessity.  I  was  then  a  Member  of  the  House  ;  and  do  not 
remember  a  word  to  have  been  said  of  the  illegality  of  holding  the 
Court  in  any  other  town  than  Boston.  The  point  had  been  settled 
a  few  vears  before,  and  was  fresh  in  the  memory  of  the  House. 

If  the  removal  of  the  Court  to  Cambridge,  had  been  illegal,  I 
do  not  think  I  could  have  justified  myself  in  such  removal.  I  am 
sure  his  Majesty  never  intended  that  his  instructions  should  super 
sede  or  control  the  law. 

I  agree  with  you,  that  the  prerogative  of  the  Crown  does  not 
extend  to  do  any  injury  5  but  I  cannot  admit,  that  the  exercise  of 
the  prerogative,  in  this  particular  instance,  is  an  injury.  I  persuade 
myself,  you  intend  no  more  than  to  represent  to  me  your  opinion, 
that  though  it  should  be  admitted  to  be  legal,  yet  it  is  inconvenient 
to^pju,  and  to  the  College. 

f  If  you  desire  me  to  adjourn  or  prorogue  the  Court  to  any  other 
pfaTe  in  Cambridge,  than  the  College,  I  will  immediately  do  it ; 
and  to  such  place,  where  you  may  be  best  accommodated  ;  but  1 
cannot  remove  the  Court  from  Cambridge,  until  I  know  more  of 
his  Majesty's  pleasure,  than  I  do  at  present ;  for,  as  I  had  occasion 
to  observe  to  the  last  Assembly,  I  must  govern  myself  by  his 


MASSACHUSETTS  STATE  PAPERS.  211 

Majesty's  pleasure,  as  it  shall  be  signified  to  me,  in  all  cases  ;  in 
which,  otherwise,  I  might  have  a  right  to  act,  or  not  to  act,  accord 
ing  to  my  own  discretion.  For  it  appears  to  me  to  be  preposterous 
to  suppose,  that  the  sole  power,  given  to  the  Governor,  of  pro 
roguing  or  dissolving  the  Court,  was  intended,  as  some  would  have 
it,  to  exclude  the  King  from  his  right  of  controling  the  Governor. 
Nothing  can  be  more  manifest,  than  that  it  is  intended  for  no 
other  purpose,  than  to  exclude  both  the  other  branches  of  the 
Court  from  any  share  in  this  powjejp 

I  have  transmitted  every  thing  which  passed  the  last  session  of 
the  Court,  on  this  subject,  to  be  laid  before  his  Majesty.  I  shall 
do  the  same  with  the  message  you  have  sent  me,  and  this,  my  an 
swer  to  it ;  and,  I  have  no  doubt,  the  royal  determination  will  be 
such  as  to  give  no  just  cause  of  complaint. 

T.  HUTCHINSON. 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 

JUNE  5,  1770. 

Gentlemen  of  the  House  of  Representatives, 

You  have  sent  to  me  a  verbal  message,  by  a  committee,  who 
have  desired  a  copy  of  my  instruction,  or  instructions,  relative  to 
my  convening  the  General  Court  at  Harvard  College.  I  have  no 
instruction  for  convening  the  Court  at  Harvard  College,  and  I  am 
willing  to  adjourn  or  prorogue  it,  to  any  part  of  the  town  of  Cam 
bridge,  where  it  can  be  accommodated. 

My  orders  are  sufficient  to  convince  me,  that  it  is  his  Majesty's 
pleasure  the  Court  should  be  held  in  Cambridge;  but  I  am  not  at 
liberty  to  lay  a  copy  of  those  orders  before  the  House,  being  re 
strained  by  "a  general  instruction,  which  requires  me  to  make  no 
copies  of  letters,  or  papers,  from  the  Secretary  of  State,  public, 
\vithout  special  leave  first  given  me  so  to  do.  I  take  no  pleasure 
in  refusing  to  comply  with  the  request  of  the  House,  but  you  will 
not  expect  me  to  do  any  thing  inconsistent  with  my  duty  to  the 
Kinff.  T.  HUTCHINSON. 


MASSACHUSETTS  STATE  PAPERS. 


REPORT  AND  RESOLUTIONS. 

[After  the  above  message  was  read,  a  committee  was  appointed, 
composed  of  the  Members  following,  viz.  T.  Gushing,  (the  Speak 
er,)  Mr.  Adahis,  Mr,  Leonard,  Maj.  Hawlev,  Mr.  Hancock,  Mr. 
Porter,  Col.  Worthineton,  Capt.  Sheafte,  and  Col.  Warren,  to 
consider  what  may  be  further  proper  to  be  done,  while  the  Gen 
eral  Assembly  is  held  out  of  the  Town  House,  in  Boston.  The 
6th  of  June  they  made  report,  which  was  accepted,  ninety-six  to 
six.  The  report  was  as  follows  :] 

IN  and  by  an  act  of  this  province,  made  and  passed  in  the  tenth 
year  of  his  late  Majesty,  King  William  the  Third,  it  is  -enacted, 
that  the  writ,  to  be  at  any  time  thereafter  issued  by  the  Governor, 
or  Commander  in  Chief  of  the  said  province,  shall  be  in  the  form 
following,  viz.  [Here  the  form  of  the  writ  was  recited,  and  it  re 
quired  that  the  persons  chosen  to  be  Representatives  of  the  people, 
should  convene  at  the  Town  House,  in  Boston,  where  the  General 
Assembly  was  to  be  held  and  kept.]  Wherefore,  inasmuch  as  no 
other  writ  could  be  issued  for  convening  a  General  Assembly,  and 
the  place  where  it  should  be  convened,  held  and  kept,  was  ex 
pressly  declared,  in  and  by  said  writ,  to  be  the  Town  House.,  in 
Boston,  it  was  the  opinion  of  the  House  of  Representatives,  in  the 
last  year,  that  the  above  mentioned  act,  by  establishing  that  to  be 
the  form  of  said  writ,  had  established  the  Town  House,  in  Boston, 
as  the  only  legal  place  for  convening,  holding  and  keeping  the 
General  Assembly. 

Nor  was  that  a  novel  construction  of  said  act ;  for  in  the  year 
1721,  under  the  administration  of  Governor  Shute,  when  the  small 
pox  raged  in  the  town  of  Boston  to  such  a  degree,  as  that  the 
General  Assembly  could  not  be  held  there,  without  endangering 
the  lives  of  the  Members,  (for  which  reason  the  three  branches  of 
the  Court  were  desirous  of  its  being  removed,)  the  two  Houses  re 
fused  to  pass  one  governmental  act,  out  of  the  town  of  Boston,  un 
til  they  had  passed  a  resolve  to  make  such  acts  valid.  To  which 
resolve,  his  Majesty's  Representative  gave  his  assent ;  and  en 
gaged,  on  his  part,  that  the  removing  of  the  Court  there,  should 
not  be  drawn  into  precedent  for  the  removing  of  the  Court  from 
Boston,  for  the  future. 

It  must  be  absurd  to  suppose  that  the  words,  "  Town  House,  in 
Boston,"  were  inserted  in  the  writ,  through  inadvertence  ;  and 
thus  much,  at  least,  may  certainly  be  inferred,  from  their  being 
inserted  :  that  at  the  time  of  enacting  said  law,  it  was  the  common 
understanding  and  consent  of  all  the  branches  of  the  Court,  that 
the  Town  House,  in  Boston,  was  the  most  proper  and  convenient 
place  for  holding  the  General  Assembly  ;  and  that  it  would  always 
be  held  there,  extraordinary  cases  excepted. 


MASSACHUSETTS  STATE  PAPERS.  213 

Especially,  considering  that  the  General  Court  had,  before,  by  a 
perpetual  act  of  the  5th  of  William  and  Mary,  made  provision  for 
upholding  and  repairing  the  Town  House,  in  Boston,  for  the  hold 
ing  of  the  General  Assembly;  and  that  it  hath  generally  been 
the  understanding  and  sense  of  the  three  branches  of  the  General 
Assembly  ever  since,  that  the  Town  House,  in  Boston,  was  the 
established  place  for  holding  the  General  Court,  appears  by  their 
rebuilding,  with  the  province  monies,  the  Town  House,  in  Boston, 
when  it  was  consumed  by  fire  5  and  their  procuring  at  Boston,  an 
elegant  mansion  house,  for  the  residence  of  the  Governor  ;  and 
also  by  their  repairing  and  upholding  them,  for  the  same  purpose, 
to  this  day.  — v 

But  if  it  could  be  admitted  that  the  above  mentioned  act,  of  the  ] 
10th  of  William,  is  not  conceived,  in   such  express  terms,  as  to 
abridge  the  King's  prerogative,  and  that  the  right  of  assigning  the 
place  for  the  sitting  of  the  General  Assembly,  still  remains  a  pre 
rogative  of  the  Crown,  at  the  discretion  of  the  Governor  of  this 
province;  yet  he  can  by  no  means  be  justified,  or  excused,  in 
holding  the  General  Assembly  out  of  the  town  of  Boston,  contrary 
to  their  entreaties  and  remonstrances,  to  their  manifest  injury,  and  / 
when  no  one  good  purpose  can  be  served  hereby.  >** 

The  prerogative  is  a  discretionary  power,  in   some  instances, 
vested  in  the  King,  for  the  good  of  the  subject.     "  It  extends  not 
to  do  an  injury  ;  for  being  created  for  the  benefit  of  the  people,  it 
cannot  be  exerted  to  their  prejudice."     But  the  holding  the  Gen 
eral  Assembly  at  Cambridge,  is  greatly  prejudicia^to  the  whole 
province,  as  well  as  to  the  Members  of  the  Court.  Qt  deprives  the 
General  Assembly  of  the  house  provided  for  their  accommodation  ;  A^V^'R< 
and,  at  the  same  time,  obliges  us  t<»be  dependant  on  the  owners -Ae   &€x  (S< 
of  private  property,  for  the  place  of  holding  the  Assembly.  ^rllm   <cf 

It,  in  a  great  measure,  deprives  the  Assembly  of  the  benefit  of  I 

the  public  offices,  and  records  of  the  province;  and  thereby  very 
much  obstructs  and  retards  the  public  business. 

It  also,  in  a  great  degree,  prevents  a  communication  between 
the  Members  of  the  House  of  Representatives  and  their  con 
stituents  ;  and  in  many  cases,  at  this  critical  time,  renders  them 
unable  to  guide  their  measures  by  the  sentiments  of  their  princi 
pals  ;  and  it  is  inconvenient  to  the  Members,  as  they  cannot  be  so 
well  accommodated,  as  in  the  place  where  the  Assembly  has  been 
wont  to  be  heldTN 

There  have  ""been  some  few  instances  of  the  General  Court- s 
being  held  out  of  the  town  of  Boston  ;  but  they  were  all  in  extra 
ordinary  cases,  when  the  necessity  of  the  removal  of  the  Court 
was  notorious,  or  when,  from  some  special  emergency,  all  were 
convinced  of  the  expediency  of  the  measure,  and  tacitly  consenting 
to  it,  as  in  the  instance  under  the  administration  of  Governor 
Belcher.  Excepting  one  instance,  in  the  year  1729,  when  Gov 
ernor  Burnet,  in  a  wanton  and  arbitrary  manner,  removed  the 

- 


214  MASSACHUSETTS    STATE    PAPERS. 

Court  to  Salem  ;  evidently  designed,  by  that  constraint,  to  force 
them  to  make  a  perpetual  establishment  of  the  Governor's  salary, 
and  thereby  to  relinquish  an  essential  right  of  the  Commons  of  this 
province  ;  and  he  gave  it,  as  one  reason  for  his  extraordinary  con 
duct,  that  "  the  inhabitants  of  Boston  used  endeavors  to  work  on 
the  minds  of  the  Representatives,  to  bring  them  to  their  way  of 
thinking ;"  thereby  insinuating,  that  the  Representatives  of  the 
people  ought  not  to  be  influenced  by  the  reasonings  and  arguments 
of  the  people  without  doors.  But  that  arbitrary  and  injurious  re 
moval  of  the  General  Assembly  from  its  ancient  seat,  favoring 
more  of  despotism  than  a  due  exertion  of  the  prerogative  of  a 
British  Prince,  will  never  be  mentioned  as  a  constitutional  prece 
dent,  by  any  friend  to  the  British  constitution,  especially  as  the 
House  of  Representatives  did  then,  to  their  great  honor,  remon 
strate  and  protest  against  it. 

Wherefore,  inasmuch  as  the  General  Assembly  of  this  province, 
notwithstanding  the  entreaties,  remonstrances  and  protest  of  the 
House  of  Representatives,  to  the  contrary,  was  the  last  year  con 
tinued  at  Cambridge  ;  and  now,  a  new  Assembly  is  convened ;  and 
against  the  remonstrance  of  this  House,  to  the  great  inconvenience 
of  its  Members,  and  the  injury  of  the  province,  without  any  neces 
sity,  or  the  least  probability  of  serving  one  good  purpose,  is  con- 
\  strained  to  hold  the  session  at  Cambridge  : 

p/  h\\)fcy  Resolved,  As  the  opinion  of  this  House,  that  upon  a  supposition, 
that  it  still  remains  a  prerogative  of  the  Crown,  in  the  discretion 
of  the  Commander  in  Chief  of  this  province,  in  any  case  of  neces 
sity  or  special  emergency,  to  remove  the  General  Assembly  out  of 
the  Town  House,  in  Boston,  yet  the  convening  and  holding  the 
Assembly,  in  Cambridge,  is,  in  this  instance,  a  very  great 
grievar.ce. 

And,  as  his  Honor  the  Commander  in  Chief,  has  not  thought  fit 
to  communicate  any  reason  for  the  convening  and  holding  this 
Assembly,  in  Cambridge  ;  but  that  he  has  been  instructed  by  his 
Majesty,"  so  to  do  ;  and  being  requested  to  lay  before  this  House  a 
copy  of  such  instructions,  he  has  declined  :  The  House  are  utterly 
at  a  loss  to  conceive  any  good  reason,  for  thus  convening  and 
holding  the  Assembly  here. 

And  as  the  prerogatives  of  the  Crown,  however  salutary,  when 
they  are  exerted  for  the  good  of  the  people,  have  the  most  per 
nicious  tendency,  when  exerted  to  their  prejudice ;  and  such  exer 
tions,  unchecked,  may  overthrow  the  constitution  itself;  we  can 
not  view  the  present  situation  of  the  General  Assembly,  in  any 
other  light,  than  as  truly  alarming.  And  it  is  become  our  indis 
pensable  duty,  as  the  guardians  of  the  people's  rights,  now  to 
make  a  constitutionalj^ajxd. 

*"  And,  as  <ttTe~fi5rTne7~House  of  Assembly,  rather  than  maintain 
any  controversy  with  the  Lieutenant  Governor,  submitted  to  the 
grievance, in  hopes  that  it  would  not  be  continued,  but  be  speedily 


MASSACHUSETTS    STATE    PAPERS.  215 

redressed  ;  yet,  inasmuch  as  the  prayers,  entreaties,  remonstran 
ces,  and  protests  of  this,  and  the  former  House,  have,  hitherto, 
effected  no  relief;  and  the  proceeding  to  public  business,  at  Cam 
bridge,  may  be  construed  as  a  tacit  submission,  and  may  render 
abortive  all  future  measures  to  obtain  a  redress  of  this  grievance  : 

Resolved,  That,  notwithstanding  there  are  matters  now  lying 
before  the  Assembly,  of  very  great  importance,  and  which  we  are 
desirous  of  entering  upon  and  completing  5  nevertheless,  it  is  by 
no  means  expedient  to  proceed  to  business,  while  the  General 
Assembly  is  thus  constrained  to  hold  their  session  out  of  the  town 
of  Boston. 

Resolved,  That  his  Honor  the  Lieutenant  Governor  be  address 
ed,  to  remove  the  General  Assembly  to  its  ancient  and  usual  seat, 
the  Town  House,  in  Boston. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT 
GOVERNOR,  JUNE  7,  1770. 

May  it  please  your  Honor, 

THE  House  of  Representatives  have  taken  into  consideration 
the  state  of  the  province,  with  regard  to  the  moving  the  General 
Assembly  out  of  the  town  of  Boston  ;  and.  by  a  majority  of  96,  out 
of  102  Members  present,  have  resolved,  that  the  convening,  hold 
ing,  and  keeping  the  great  and  General  Court  out  of  the  said 
town  of  Boston,  to  the  manifest  injury  of  the  province,  and  the 
great  inconvenience  of  the  Members  of  both  Houses,  without  any 
necessity,  or  the  least  probability  of  serving  any  one  good  purpose, 
notwithstanding  the  prayers,  entreaties,  remonstrances,  and  pro 
testations  of  this  and  the  former  House  to  the  contrary,  is  a  very 
great  grievance  ;  and  that  it  is  by  no  means  expedient  to  proceed 
to  business,  while  the  General  Assembly  is  thus  constrained  to 
hold  their  session  out  of  the  town  of  Boston.  And  as  there  are 
matters  now  lying  before  the  Assembly,  of  very  great  importance, 
which  they  are  very  desirous  of  entering  upon,  and  completing, 
they  humbly  pray  that  your  Honor  would  be  pleased  to  remove 
the  great  and  General  Court  to  its  ancient,  usual,  and  only  con 
venient  seat,  the  Town  House,  in  Boston. 

[The  committee  who  prepared  the  above,  were,  S.  Adams,  J. 
Adams,  J.  Hancock,  Col.  Warren,  and  S.  Leonard. — J.  Adams, 
Esq.  was  this  year  elected  a  Member  from  Boston,  in  the  room  of 
J.  Bowdoin,  Esq.  chosen  into  the  Council.] 


216  MASSACHUSETTS  STATE  PAPERS, 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTA 
TIVES,  JUNE  7,  1770. 

Gentlemen  of  the  House  of  Representatives, 

(l  THINK  it  my  misfortune,  that  so  great  a  majority  of  your 
House,  as  96  in  102,  should  appear  to  differ  from  me,  in  sentiment, 
upon  any  public  measure.  I  have  told  you,  that  I  have  not  the 
least  doubt  of  the  legality  of  my  adjourning  or  proroguing  the 
Court  to  any  town  in  the  province.  The  place,  as  well  as  time  of 
its  meeting,  is  left  to  the  Governor.  The  Governor  is  the  servant 
of  the  King,  and  by  his  commission,  is  to  govern  the  province,  ac 
cording  to  the  charter,  and  according  to  such  instructions,  as  he 
shall,  from  time  to  time,  receive  from  the  King.  Without  a  viola 
tion  of  my  instructions,  I  cannot  now  remove  the  Court  from 
Cambridge  to  Boston  ;  I  am  afraid  of  incurring  his  Majesty's  dis 
pleasure,  if  I  should  do  TO  I  am  as  sensible,  as  you  can  be,  that 
there  are  many  importaTu  matters  lying  before  the  Court.  I  am 
also  sensible,  that  the  necessity  of  their  being  acted  upon,  is  so 
great,  that,  even  on  your  own  principles,  you  may  be  as  fully  jus 
tified,  in  proceeding  to  act  upon  them,  as  the  House  of  the  last 
year  could  be  justified  for  the  business  they  did,  or  as  you  will  be 
able  to  justify  yourselves,  for  what  you  have  already  done,  the  pre 
sent  session. 

Does  it  not  appear  to  you,  of  necessity,  that  the  act  of  the  pro 
vince,  which  requires  the  Treasurer  to  issue  his  warrant  for  levy 
ing  a  tax  of  more  than  eighty  thousand  pounds,  should  be  repealed 
in  part  ?  Will  it  be  safe  for  you  to  leave  Castle  William  and  Fort 
Fownal  without  any  establishment  ?  Are  you  willing,  the  act  for 
limitation  of  suits  at  law,  which  has  been  often  suspended,  should 
now  take  place  ?  To  omit  the  mention  of  many  other  laws,  which 
I  believe  you  judge  necessary  to  be  continued  or  revived.  Would 
you  be  willing,  the  enemies  of  our  happy  constitution  should  have 
it  in  their  power  to  say,  that  when  the  Governor  had  caused  the 
General  Court  to  be  convened,  pursuant  to  the  powers  reserved  to 
him  by  the  charter,  the  House  of  Representatives  refused  to  do 
business,  because  he  had  convened  it  at  Cambridge  ;  and,  in  their 
opinion,  without  an^jiecessity,  or  the  least  probability  of  serving 
any  good  purpose  ? \Would  not  the  construction  of  my  conduct  be, 
if  I  should  carry  you  To  Boston,  after  this  message  to  me,  that  I 
had  given  up,  to' the  House-of  Representatives,  the  power  reserved 
by  the  charter  to  the  Crown^ 

In  1747,  or  1748,  when Tme  Court  House,  in  Boston,  had  been 
consumed  by  fire,  the  major  part  of  the  then  House  of  Representa 
tives  was  averse  to  rebuilding  it,  and  disposed  to  build  a  house  for 


MASSACHUSETTS    STATE    PAPERS.  217 

the  General  Court,  in  some  town  in  the  country.  Being  then  one 
of  the  Representatives  of  Boston,  I  used  my  influence,  in  every 
way  I  could,  with  propriety,  in  favor  of  rebuilding  the  Court  House, 
in  Boston  ;  but  finally  could  prevail  thus  far,  and  no  farther.  The 
House,  upon  the  question  whether  a  grant  should  be  made,  for 
rebuilding  the  Court  House,  was  equally  divided ;  and  I,  being 
then  Speaker  of  the  House,  gave  my  casting  vote  in  favor  of  the 
town.  1  have  still  a  very  good  affection  for  the  town  of  Boston. 
I  was  then  the  servant  of  the  town,  and  know  I  was  acting  the 
mind  of  my  constituents.  I  am  still  satisfied  I  did  my  duty.  I 
now  consider  myself  as  the  servant  of  the  Crown.  I  know  his 
Majesty's  pleasure,  and  I  am  doing  my  duty  in  acting  according 
to  it ;  and,  if  you  should  finally  refuse  to  do  business  at  Cambridge, 
Which  I  hope  vou  will  not,  all  the  ill  consequences  will  be  at 
tributed  to  you,  and  not  to  me.  T.  HUTCHINSON. 


REASONS 

OF  THE  HOUSE  OF  REPRESENTATIVES,  FOR  ADHERING  TO  THEIR  RESOLU 
TIONS  OF  THE  SIXTH,  THAT  IT  WAS  NOT  EXPEDIENT  TO  PROCEED  TO 
BUSINESS,  WHILE  THE  GENERAL  ASSEMBLY  WAS  HELD  OUT  OF  THE 
TOWN  HOUSE,  IN  BOSTON,  ADOPTED  JUNE  12,  1770. 

AT  present,  the  House  waive  any  further  observations  on  the 
legality  of  convening,  holding,  and  keeping  the  General  Assembly 
out  of  the  Town  House,  in  Boston.  The  "  power  of  calling  Par 
liaments  in  England,  as  to  precise  time,  place,  and  duration,  is  an 
acknowledged  prerogative  of  the  King ;  but  still  it  is  with  this 
trust,  that  it  shall  be  made  use  of  for  the  good  of  the  nation,  as 
the  exigency  of  the  times,  and  variety  of  occasion,  shall  require." 
Wisdom  and  goodness  will  always  direct  to  such  places  for  them 
to  assemble  in,  as  shall  be  most  subservient  to  the  public  good,  and 
best  suit  the  ends  of  Parliament.  "  Prerogative  is  a  power  to  act 
according  to  discretion,  for  the  public  good  :"  but  when  mistake 
or  flattery  have  prevailed  with  weak  princes,  to  make  use  of  this 
power  for  private  ends  of  their  own,  and  not  for  the  public  good, 
the  people  have,  sometimes,  by  express  laws,  got  the  prerogative 
determined,  in  those  points  wherein  they  found  a  disadvantage 
from  it. 

It  has  been  found,  by  long  experience,  that  the  Town  House, 
in  Boston,  is  the  only  convenient  place  for  holding  the  General 
Assembly  of  the  province.  No  alteration  can,  therefore,  be  made, 
unless  some  occurrence  of  times,  or  change  of  affairs,  shall  require 
it.  Without  those,  the  convening  and  holding  the  Assembly  in 
28 


218  MASSACHUSETTS  STATE  PAPERS. 

any  other  place,  is  a  wanton  exercise  of  power,  which  ought  to  be 
withstood  5  a  grievance  which  ought  to  be  redressed.  While  Par- 
liamfrnts  are  duly  cautious,  they  will  forever  be  watchful,  lest  a 
power  be  exerted  to  the  injury  of  the  public,  under  the  pretext  of 
prerogative.  Such  is  the  imperfection  of  human  nature,  as  to  ren 
der  discretionary  power,  however  necessary,  always  in  a  greater 
or  less  degree  dangerous  5  and  the  wickedness  of  men  has  very 
often  prompted  them  to  make  an  ill  use  of  it.  If  it  should  be  ad 
mitted  that  the  Governor  of  this  province  has  still,  by  law,  the 
power  of  convening,  holding  and  keeping  the  General  Court  in  any 
town,  out  of  Boston,  yet  the  House  have  as  clear  a  right,  by  law, 
to  inquire  into  the  exercise  of  this  power,  and  to  judge  for  them 
selves,  whether  it  be  wisely  and  beneficially,  or  imprudently  and 
arbitrarily,  exercised.  And  it  is  their  duty,  as  well  as  their  right, 
to  remonstrate  against  all  undue  and  oppressive  exertions  of  a  le 
gal,  as  much  as  against  a  claim  and  exercise  of  an  usurped  pre 
rogative.  There  are  prerogatives  in  the  Crown,  which  may  be 
exercised  to  the  destruction  of  the  constitution,  and  the  ruin  of 
the  people. 

To  consider  more  closely  the  prerogative  now  claimed  and  ex 
ercised  by  the  Lieutenant  Governor.  In  one  of  his  messages  to 
the  House,  he  says,  "  by  the  charter,  the  Governor  has  the  -sole 
power  of  adjourning  and  proroguing  the  General  Assembly  5  there 
is  no  limitation  of  time  or  place."  And  in  another,  "  I  have  not 
the  least  doubt  of  the  legality  of  my  adjourning  and  proroguing 
the  Court  to  any  town  in  the  province.  The  place,  as  well  as  time 
of  meeting,  is  left  to  the  Governor."  Admitting  this  to  be  true, 
it  is  in  the  power  of  the  Governor  to  carry  the  Assembly  from  one 
extreme  part  of  the  province  to  another,  adjourning  them  from 
place  to  place,  till  the  year  expires,  or  perhaps  till  he  shall  have 
worried  them  into  a  compliance  with  some  arbitrary  mandate,  to 
the  ruin  of  their  own  and  their  constituents  liberties.  If  this 
would  be  legal,  it  would  be  attended  with  consequences  as  fatal, 
as  if  it  were  illegal.  None,  therefore,  can  doubt,  but  it  would  be 
the  duty  of  the  two  Houses,  firmly  and  earnestly  to  remonstrate 
against  it ;  to  make  a  stand,  if  their  remonstrances  should  prove 
ineffectual,  and  refuse  to  attend  him,  in  his  absurd  career.  The 
supposition  now  made,  is  only  carrying  the  doctrine  to  its  just  and 
necessary  consequences.  The  present  case  is  the  same  in  kind, 
though  not  in  degree.  The  Assembly  is  removed  from  its  ancient, 
usual,  and  only  convenient  place.  This  may  be  the  first  stage  in 
an  intended'  circuit ;  without  one  reason  assigned,  or  any  good 
one  conceivable  by  this  House.  Indeed,  we  are  told,  it  is  in  obe 
dience  to  instructions  ;  but  we  are  not  to  be  indulged  with  a  sight 
of  such  instructions.  The  Lieutenant  Governor  has  expressly 
said,  that  he  is  restrained  from  making  a  copy  of  them  public. 
Such  a  severity  has  awakened  and  fixed  our  attention.  It  is,  in 
deed,  alarming  ;  for  it  is  not  usual  for  a  well  advised  prince  to 


MASSACHUSETTS    STATE    PAPERS.  219 

withhold  from  his  subjects  the  grounds  he  may  have  for  the  exer 
cise  of  a  prerogative,  which  regards  only  the  administration  of  the 
civil  government. 

His  Honor  is  pleased  to  say,  that  he  cannot  remove  the  Court 
to  Boston,  without  a  violation  of  those  instructions :  but  as  it  is 
impossible  for  any  man,  more  especially  at  the  distance  of  three 
thousand  miles,  to  foresee  the  fittest  place  for  holding  the  Assem 
bly,  or  the  emergencies  which  may  render  it  impracticable  for  it 
to  be  held  in  any  particular  place,  it  is  rather  to  be  supposed  he  is 
mistaken,  when  he  apprehends  such  instructions  to  be  indispensa 
ble.  And  he  further  says,  that  as,  by  his  commission,  he  is  to 
govern  the  province  according  to  the  charter,  as  well  as  according 
to  such  instructions  as  he  shall,  from  time  to  time,  receive,  it  is 
natural  to  conclude  that  he  is  still  left  to  act  with  his  own  dis 
cretion;  and  that,  when  circumstances  take  place  to  render  it  im 
possible,  consistent  with  the  public  gotvl,  that  the  Assembly  should 
meet  at  one  certain  place,  or  more  eligible  for  it  to  be  held  in  any 
other,  he  may  act  his  own  judgment  therein,  especially  considering, 
that,  by  the  charter,  he  is  expressly  vested  with  the  power  of  ad 
journing  and  proroguing  the  General  Assembly,  as  he  shall,  from 
time  to  time,  judge  necessary.  But  if  there  be  such  peremptory 
and  absolute  instructions,  we  have  reason  to  conclude,  that  the 
ministry  thereby  intended  to  insult  the  General  Assembly,  and 
make  them  meanly  compliant  for  time  to  come.  Past  experience 
serves  to  increase  this  apprehension.  The  Assembly,  the  last 
year,  suffered  the  greatest  indignity  ;  surrounded,  while  sitting, 
by  a  military  guard,  with  cannon  at  their  doors,  to  affront  or  awe 
them ;  and  when  they  remonstrated  against  the  high  breach  of 
their  privilege,  they,  and  not  the  soldiers,  were  made  to  give  way. 
Can  freedom  and  dignity,  then,  exist  in  an  Assembly,  that  can 
tamely  brook  such  usage  ?  Would  it  not  be  betraying  the  consti 
tution,  and  the  rights  of  this  Assembly,  to  proceed  to  business, 
while  we  are  thus  constrained  to  hold  the  session  here  ?  Besides, 
is  there  nothing  further  to  apprehend  ?  If  the  Assembly  should, 
in  this  situation,  proceed  to  do  business,  act  uprightly,  and  accord 
ing  to  their  consciences,  and  thereby  give  further  umbrage  to  a 
despotic  Minister  5  may  they  not  expect  to  be  convened,  held  and 
kept  in  a  state  still  more  humiliating  and  disgraceful,  until  they 
.-.hall  become  sufficiently  ductile  and  obsequious  ?  Indeed,  we 
cannot  find  that  ever  a  Parliament  was  prorogued  in  England,  or 
summoned  to  any  place,  for  the  sake  of  punishing  the  Members, 
or  putting  them  to  any  inconvenience.  This  is  not  the  method  of 
managing  an  English  Parliament.  They  have,  sometimes,  even  re 
fused  to  be  dissolved,  till  they  have  done  the  business  of  the  na 
tion  ;  and,  at  other  times,  they  have  declined  to  obey  the  summon?, 
of  the  King,  by  his  writ,  to  attend,  when  called  for  a  purpose  they 
disliked,  and  to  a  place  where  they  thought  they  should  be  und»«' 
any  awe  or  restraint.  As  particularly,  in  the  28th  of  Henry  VI. 


220  MASSACHUSETTS   STATE  PAPERS. 

when  it  was  resolved,  that  the  conduct  of  the  Duke  of  Suffolk 
should  undergo  a  national  inquiry.  "  The  Queen,  apprehensive 
of  the  danger  her  favorite  was  in,  from  such  a  procedure,  did  all 
she  could  to  prevent  it  ;  first,  by  endeavoring  to  hinder  a  Parlia 
ment  from  being  called  ;  and  next,  when  she  could  not  avoid  that, 
by  having  it  summoned  to  meet  at  Leicester  ;  where,  in  a  country 
town,  she  imagined  her  numerous  attendants  might  overawe  the 
Members.  But  the  Lords  and  Commons,  who  knew  they  were 
safe,  under  the  protection  of  the  city  of  London,  positively  refused 
to  meet  at  all,  unless  they  were  appointed  to  come  to  Westmin 
ster." 

His  Honor  mentions,  as  the  House  had  done  before,  the  im 
portant  matters  lying  before  the  Court,  and  the  necessity  of  their 
being  acted  upon.  But  these  important  matters  may,  to  much  bet 
ter  purpose,  as  well  as  with  greater  convenience,  be  acted  upon  in 
the  Town  House,  in  Boston,  where  the  records  of  the  province  are 
kept ;  and  besides,  the  greater  the  importance  of  the  business  is, 
the  stronger  is  the  reason  why  the  Assembly  should  act  upon  it  in 
the  metropolis,  where  there  is  usually  a  concourse  of  the  people 
from  all  parts  of  the  province,  whose  reasonings  and  arguments, 
upon  matters  of  public  importance,  ought  forever  to  be  regarded. 
Wise  Parliaments  have  always  reaped  great  advantage  from  the 
wisdom  of  the  people,  without  doors  ;  and  have  frequently  been 
adjourned  to  a  distant  time,  when  such  matters  have  been  brought 
on,  that  they  might  have  the  opportunity  of  consulting  their  con 
stituents. 

His  Honor,  in  his  message,  has  introduced  an  anecdote,  con 
cerning  his  own  conduct,  when  Speaker  of  the  House,  in  1747  or 
1748  5  but  to  what  purpose,  is  not  easy  to  discover,  or  conceive. 
He  seems  to  insinuate,  without  affirming,  that  his  own  judgment 
then  was,  and  still  is,  in  favor  of  the  sentiments  of  the  present 
House,  that  the  Town  House,  in  Boston,  is  the  most  convenient 
seat  of  government.  But  if  this  was  not  his  meaning,  his  conduct 
at  that  time,  whether  it  proceeded  from  his  own  opinion,  or  was 
merely  in  compliance  with  the  minds  of  his  constituents,  which  he 
has  been  pleased  to  leave  ambiguous,  (as  he  has,  whether  his  pre 
sent  conduct  is  merely  in  obedience  to  instructions,  against  his  own 
judgment,  or  whether  his  own  judgment  is  conformable  to  his  in 
structions,)  is  a  full  justification  of  the  House,  as  far  as  his  Honor's 
example  can  justify  them  ;  for  the  House  are  well  assured,  that 
the  minds  of  their  constituents,  at  this  day,  are,  that  the  seat  of 
government  should  be  in  Boston,  and  not  elsewhere. 

Another  insinuation  in  his  Honor's  message,  is,  that  heretofore 
the  province  has  been  doubtful  whether  Boston  was  the  most  con 
venient  seat  of  government,  or  »ot. 

But  we  have  great  reason  to  question,  whether  one  half,  or  one 
quarter  of  the  province,  ever  thought,  in  earnest,  of  building  a  State 
House,  out  of  Boston,  notwithstanding  the  division  of  the  House, 


MASSACHUSETTS    STAfE    PAPERS.  221 

in  1747  or  1748,  upon  the  question,  whether  a  grant  should  be 
made  for  rebuilding  the  Town  House,  in  Boston,  or  not.  The  di 
versity  of  opinions  upon  the  question  in  the  House,  at  that  time, 
arose,  as  we  conceive,  from  a  concurrence  of  many  oj;her  causes, 
which  we  have  not  time  now  to  enumerate,  and  the  party  who  were 
against  the  grant,  were,  most  of  them,  as  we  have  reason  to  be 
lieve,  against  it  from  other  particular  views,  motives  and  designs, 
not  from  any  opinion  that  Boston  was  not  the  best  seat  of  govern 
ment.  But,  h:id  the  House  then  been  fully  for  removing  the  seat  of 
government  into  the  country,  we  are  convinced  that  many  alarm 
ing  events  and  occurrences  have  happened,  since  that  time,  which 
have  placed  the  expediency,  if  not  the  necessity,  of  holding  the 
General  Court  in  Boston,  beyond  all  dispute. 

We  are  also  told,  that  "  we  may  be  as  fully  justified,  even  on 
our  own  principles,  in  proceeding  to  act  upon  these  matters  of 
public  importance,  as  the  House  of  the  last  year  could  be  justified 
for  the  business  they  did,  or,  as  we  shall  be  able  to  justify  ourselves, 
by  what  we  have  already  done  the  present  session."  Thus  we 
find  one  instance  of  a  compliance  of  a  former  House,  makes  way 
for  a  new  demand.  The  last  House  submitted  to  all  the  incon 
venience  and  hardships  to  themselves,  and  injuries  to  the  prov 
ince,  which  arose  by  their  sitting  at  Cambridge  ;  and  their  conde 
scension  is  now  quoted  as  a  precedent,  and  an  argument  for  our 
submitting  to  the  grievance,  also.  This  certainly  affords  a  good 
reason  for  the  House  to  adhere  to  their  resolution,  to  prevent  the 
establishment  of  such  a  precedent.  ^Besides,  the  former  House 
yielded  to  it,  conceiving  it  as  only  a  temporary  evil ;  but  now  there 
is  great  reason  to  apprehend  a  fixed  design,  either  entirely  to 
change  the  seat  of  government,  or,  by  moving  the  Assembly  from 
place  to  place,  to  harass,  and  lacing  them  into  a  compliance  with 
arbitrary  and  despotic  purposes.!  With  regard  to  the  business  we 
have  already  done,  u  the  preseVt  session,"  namely,  the  election  of 
Counsellors,  the  House  are  of  opinion,  that  they  can  fully  justify 
themselves  therein,  consistent  with  this  resolution.  The  Coun 
sellors  are  to  be  elected  according  to  the  terms  of  the  charter. 
"  yearly,  once  in  every  year  ;"  and  it  has  been  the  invariable  usage, 
as  it  has  been  thought  to  be  agreeable  to  the  spirit  of  the  charter, 
to  proceed  to  that  business  on  the  last  Wednesday  in  May.  The 
House,  therefore,  proceeded  to  it  on  that  day,  though  with  great 
precaution,  that  "  the  enemies  of  our  constitution,1'  who  are  sedu 
lous  to  take  all  advantages  against  it,  might  not  "  have  it  in  their 
power  to  say,"  that  by  an  omission,  we  had  forfeited  our  invalua 
ble  charter.  It  was,  therefore,  viewed  as  of  absolute  necessity,  to 
enter  upon  that  business,  at  that  time  ;  though  it  could  not  be  done 
in  the  ancient  and  proper  place  of  holding  the  General  Assembly. 
But  no  business,  now  before  us.  can  be  of  such  absolute  necessity, 
as  that  the  omitting  it,  will  endanger  the  constitution.  Q)n  the 
contrary,  the  danger  to  the  constitution  now  lies  in  proceeding  to 
business,  under  the  present  grievance  ;  and,  therefore,  we  do  our 


222  MASSACHUSETTS    STATE    PAPERS. 


duty,  finally  t"  rofusp.  |n  proceed  . 

judging  it  the  least  likely  to  be  attended  with  ill  consequences  to 

ourselves,  our  constituents  and  posterity?) 

It  is  further  to  be  observed,  that  the  'House  have  no  other  power, 
or  check,  whereby  to  restrain  the  undue  exercise  or  abuse  of  the 
prerogative.  It  is  presumed  that  the  Commons  ought  to  be  as  free 
and  independent  as  any  other  part  of  the  Legislature  :  because 
the  democratical  branch  is,  at  least,  as  important  to  the  people  and 
the  constitution,  as  the  monarchical  or  aristocratical  ;  and  they 
have,  at  least,  as  clear  a  right  to  judge  of  the  proper  time  for  them 
to  do  their  part  of  the  business  of  the  province,  as  the  Governor 
has  to  judge  of  his.  The  Governors  of  the  province  have,  of  late 
years,  refused  to  consent  to  any  act,  or  business,  whatever,  until 
they  have  had  a  grant  for  their  support  ;  and  for  this,  they  have 
pleaded  an  instruction.  Here,  therefore,  is  an  example  of  a  re 
solution,  in  the  King's  Ministers  and  servants,  that  no  business 
shall  be  done,  until  the  people  shall  exert  their  prerogative,  in  a 
manner  agreeable  to  the  Crown  :  and  the  prerogative  of  the  peo 
ple  to  grant  money,  in  their  own  time,  to  raise  it  in  their  own  way, 
and  by  their  own  means,  and  to  appropriate  it  for  such  purposes, 
as  they  shall  judge  proper,  is  surely  much  clearer  and  more  indis 
putable,  than  that  of  the  Governor  of  the  province  to  convene  and 
hold  the  General  Assembly  in  any  other  place  beside  the  Town 
Hjmse,  in  Boston. 

Qlis  Honor  has  been  pleased  to  mention  divers  matters  to  be 
acted  upon,  which,  we  readily  acknowledge,  are  necessary  and  im 
portant;  and  it  is  still  our  earnest  desire  to  proceed  to  the  con 
sideration  of  them  without  any  unnecessary  delay.  The  further 
suspension  of  the  act  for  limitation  of  law  suits,  and  a  proper  es 
tablishment  for  Castle  William  and  Fort  Pownal,  demand  our  at 
tention  5  and  the  repealing,  in  part,  the  act  which  requires  the 
Treasurer  to  issue  his  warrants  for  levying  a  tax  of  more  than 
eighty  thousand  pounds,  is  of  particular  importance  at  this  time, 
when  the  embarrassments  of  the  trade,  and  other  grievous  hard 
ships  the  people  are  made  to  suffer,  would  render  it  difficult  for 
them  to  bear  so  great  a  burden  ;  but  we  have,  notwithstanding, 
reason  to  believe,  that  they  had  much  rather  be  subject  even  to  the 
immediate  payment  of  that  whole  sum,  distressing  as  it  would  be, 
than  to  concede  to  so  pernicious  a  precedent  ;  and  to  have  the 
General  Assembly  hereafter  controlled  by  the  mandatejsjjfaj^in- 
ister,  and  made  to  submit  toTneasures,  whidTwilT  be  much  more 
Injurious  to  them,  and  dangerous  to  posterity.  If,  therefore,  his 
Honor  should  finally  refuse  to  remove  the  Assembly  to  the  Town 
House,  in  Boston,  (which  we  hope  he  will  not,)  while  there  can 
be  no  necessity  for  holding  us  here,  the  world  will  judge  to  whom 
the  ill  consequences  of  it  must  be  attributable^] 

[The  above  reasons  were  ordered  to  be  laid  before  the  Council.] 


MASSACHUSETTS    STATE    PAPERS.  223 


ADDRESS 

OF  THE  COUNCIL  TO  HIS  HONOR  THE  LIEUTENANT  GOVERNOR, 
JUNE  12,  1770. 

May  it  please  your  Honor, 

/IT  would  give  us  great  pleasure  to  proceed  upon  the  public 
business,  agreeable  to  the  recommendation  in  your  Honor's  speech, 
at  the  opening  of  the  present  session.  But,  as  in  consequence  of 
a  motion,  made  in  Council,  that  your  Honor  should  be  requested  to 
adjourn  the  General  Court  to  Boston,  you  informed  the  Board  you 
could  not  do  it  consistently  with  your  instructions,  it  is  first  in 
cumbent  on  us  to  observe  that  the  province  charter  ordains,  "  that 
the  Governor,  for  the  time  being,  shall  have  full  power  and  authori 
ty,  from  time  to  time,  as  he  shall  judge  necessary,  to  adjourn,  pro 
rogue  and  dissolve  the  great  and  General  Court."  This  power  is 
a  full  power.  It  is  wholly  in  the  Governor,  and  to  be  exercised 
as  he  shall  judge  necessary.  It  cannot,  therefore,  be  subject  to  the 
control  of  instructions.  Such  a  power,  and  such  a  subjection  of  it, 
are  incompatible.  The  moment  it  is  subjected,  it  ceases  to  be  a 
full  power  ;  and  the  Governor  is  no  longer  the  judge,  with  regard 
to  the  exercise  of  it.  It  is,  therefore,  a  palpable  contradiction,  to 
suppose  it  under  such  control ;  and,  in  fact,  judging  of  it  by  the 
charter  only,  it  is  controlable  by  nothing  but  the  convenience  and 
safety  of  the  General  Court,  and  the  general  utility  of  the  provinceT] 
For  those  ends,  that  power  was  lodged  by  the  Crown,  exclusive  ot 
itself,  in  the  Governor  solely.  True  it  is,  that  no  mention  is  made 
of  the  place  of  such  adjournment  or  prorogation.  The  same  is  also 
true,  as  to  the  time ;  but  they  are  both  necessarily  included  in  the 
idea  of  adjourning  and  proroguing.  And  if  these  last  be  wholly 
and  exclusively  in  the  Governor,  which  is  very  evident.,  the  time 
andplace  must  be. also. 

cEKere  is  nothing  absurd  or  unreasonable  in  this  construction  of 
the  above  cited  clause  of  the  charter.  For  it  is  impossible,  in  the 
nature  of  things,  that  the  Crown,  at  the  distance  of  a  thousand 
leagues,  should  be  able,  understandingly,  and  with  a  knowledge  of 
present  circumstances,  upon  which  the  fitness  of  such  a  measure 
depends,  to  exert  that  poweK}  It  is,  therefore,  fit  and  necessary, 
that  such  exclusive  power  should  be  vested  in  its  Representative 
here  ;  and  the  said  clause  does,  in  fact,  make  such  an  investiture. 
It  cannot  be  said,  "that  this  sole  power  is  intended  for  no 
other  purpose,  than  to  exclude  both  the  other  branches  of  the  Court 
from  any  share  in  it ;"  because  there  is  not  a  word  in  the  charter, 
that  even  intimates  such  an  intention  ;  and  because  the  clause, 
giving  the  power,  is  expressed  in  terms,  vesting  that  power  solely 
and  exclusively  in  the  Governor. 


224  MASSACHUSETTS  STATE  PAPERS. 

With  regard  to  the  convening  the  General  Court,  the  charter 
ordains  and  grants,  "  that  there  shall,  and  may  be  convened,  held 
and  kept  by  the  Governor,  for  the  time  being,  upon  every  last 
Wednesday  in  the  month  of  May,  of  every  year  forever,  and  at 
all  such  other  times,  as  the  Governor  shall  think  fit  and  appoint,  a 
great  and  General  Court." 

The  time  of  convening  in  May,  is  fixed  ;  and,  therefore,  not  al 
terable  by  instructions.  Other  times  of  convening,  are  to  be  such 
as  the  Governor  shall  think  fit.  He  is  made  the  judge  of  the  fit 
ness  of  such  other  times,  which,  therefore,  in  regard  to  time, 
excludes  the  control  of  instructions  ;  as  to  place,  although  the 
charter  be  silent,  the  convening  must  have  relation  to  place,  as  well 
as  time.  The  right  of  judging  of  the  latter,  implies  the  same  right 
in  respect  to  the  former ;  and  the  reasons  for  both  are  the  same, 
as  well  as  for  adjourning,  proroguing  and  dissolving  the  Court, 
which,  it  is  evident,  are  exclusively  in  the  Governor.  The  power 
is  the  same,  as  to  all  those  particulars  5  and  it  is  fit  it  should  be  so ; 
for  the  Governor,  being  in  the  province,  must  have  the  best  oppor 
tunities  of  knowing  what  the  general  convenience,  safety  and 
utility  require.  It  must  be  reasonable,  therefore,  to  suppose,  that 
such  an  exclusive  power  was  intended  by  the  charter  to  be  lodged 
in  him  ;  and  in  fact  it  is,  by  the  said  clauses,  very  .perspicuously  so 
lodged.  Hence  it  is,  (admitting  the  act,  for  establishing  the  form, 
of  the  writ  for  calling  a  General  Court,  to  be  out  of  the  question,) 
that  after  long  experience  had  determined  Boston  to  be  the  most 
convenient  and  fit  place  for  the  meeting  of  the  General  Court,  all 
the  Governors  of  the  province,  except  Mr.  Burnet,  from  the  date 
of  the  charter,  to  the  last  year,  have  convened  the  General  Court 
at  Boston  ;  excepting  in  a  few  cases,  wherein  the  safety  of  the 
General  Court,  or  the  public  utility,  made  it  proper  to  convene  the 
Court  elsewhere.  And  in  those  cases,  the  removal  of  the  General 
Court  were  justified,  by  the  respective  reasons  for  them.  "The 
power  of  calling  Parliaments,  in  England,  as  to  precise  time,  place, 
and  duration,  is  certainly  a  prerogative  of  the  King  5  but  still 
with  this  trust,  that  it  shall  be  used  for  the  good  of  the  nation,  as 
the  exigencies  of  the  times,  and  variety  of  occasions,  shall  require." 
The  power  of  calling  the  General  Court,  in  like  manner,  for  the 
good  of  the  province,  is,  by  the  charter,  vested  in  the  Governor,  for 
the  time  being.  But,  considering  the  several  acts  of  the  General 
Court,  whereby  a  Court  House,  which  has  been  several  times  re 
built,  for  accommodating  the  General  Court,  and  a  commodious 
and  elegant  dwelling  house,  and  other  accommodations  for  the 
residence  of  the  King's  Governor,  have  been  provided  at  Boston, 
at  a  great  public  expense.  Considering,  also,  "  the  act  for  estab 
lishing  the  form  of  the  writ,  and  precept  for  calling  a  great  and 
General  Court,"  whereby  it  appears,  that  in  the  writ,  precept  and 
return,  the  Town  House,  in  Boston,  is  mentioned  to  be  the  place 
where  the  General  Court  is  appointed  to  be  convened,  held  and 


MASSACHUSETTS  STATE  PAPERS.  225 

kept.  The  proceedings  also  of  Governor  Shute  and  the  Assembly, 
in  1721,  whereby  it  appears  the  Governor  declared,  that  the  ad 
journment  from  Boston  should  not  be  drawn  into  precedent ;  and  a 
resolve  was  passed  by  the  whole  Court,  validating  and  confirming 
the  acts  of  the  Court  5  which  proceeding  clearly  manifest  their  ap 
prehensions  that  Boston  was  the  place  established  by  law,  for  the 
Governor's  convening  and  holding  the  General  Court  :  When 
these  acts  are  considered,  if  they  do  not  amount  to  a  strictly  legal 
establishment  of  the  place  of  convening  and  holding  the  General 
Court,  they  at  least  furnish,  in  our  humble  opinion,  a  rule,  by  which 
the  Governor  ought  to  conduct  himself  in  that  regard  ;  and  from 
which  he  may  not  depart,  but  in  cases  of  exigency. 

When  exigencies  happen,  of  which  every  one  can  judge,  they 
afford  a  sufficient  reason  for  deviating  from  the  rule  ;  and  the  de 
viation  will  not,  nor  can  be,  complained  of. 

Governor  Burnet's  conduct,  in  convening  the  General  Court  out 
of  Boston,  cannot  be  deemed  an  acknowledged  or  constitutional 
precedent  to  justify  a  similar  conduct  5  because  it  was  not  acqui 
esced  in,  but  remonstrated  against  by  the  House  of  Representa 
tives  ;  and  because  it  was  not  founded  on  the  only  reason,  on 
which  the  prerogative  of  the  Crown  can  be  justly  founded,  the  good 
of  the  community. 

In  Governor  Belcher's  time,  when  in  consequence  of  the  instruc 
tions,  he  removed  the  General  Court  to  Salisbury,  the  removal 
was  for  "  the  more  convenient  carrying  into  execution  a  commis 
sion  for  settling  the  line  between  this  province  and  New  Hamp 
shire." 

Here  convenience  was  the  reason  for  the  removal.  It  was  con 
venient,  that  the  Assemblies  of  both  provinces,  which  were  then 
under  the  administration  of  the  same  Governor,  should  be  as  near 
each  other,  as  might  be,  for  the  settlement  of  the  line  between  the 
two  provinces  5  and  it  was  not  only  convenient,  but  the  general 
good^of  both,  required  such  a  settlement. 

^jTs  long  as  prerogative  is  exercised  for  the  real  good  of  the  com 
munity,  which  the  community  must  feel  and  will  always  acknowl 
edge,  it  is  seldom  examined  whether  that  exercise  be  strictly  legal, 
or  not ;  but  that  omission  does  not  take  away  the  right  of  examin 
ing,  whenever  prerogative  is  exercised  for  a  different  purpolSS^  ^.^ 

In  the  present  case,  when  every  reason  arising  from  convenience^/ 
safety  and  utility,  remonstrates  and  urges  the  fitness  of  the  Courts' 
sitting  in  Boston,  the  convening  and  keeping  it  elsewhere,  contrary 
to  the  mind  of  the  two  Houses,  and  the  province  in  general,  we 
humbly  apprehend  is  an  exercise  of  the  prerogative,  if.  not  agajnst 
law,  yet  certainly  against  ancient  usage^.and  unwarranted  byTfie 
reason,  which  supports  all  prerogativeVnamely,  the  public  %oj}d. 

W^e  are  sensible  "  the  Governor  is  the  servant  of  the  King,  and  by 
his  commission,  is  to  govern  the  province  according  to  charter,  and 
according  to  such  instructions  as  he  shall,  from  time  to  time,  re- 
29 


226  MASSACHUSETTS  STATE  PAPERS. 

ceive  from  the  King."  Those  instructions,  however,  must  be 
understood  to  be  such  as  do  not  militate  with,  or  in  any  degree 
vacate  the  charter  :  otherwise  the  charter  would  be  annihilable  at 
pleasure  :  from  whence  it  would  follow,  that  it  neither  was,  nor  is, 
in  the  power  of  the  Crown  to  grant  any  charter  whatever,  vesting 
in  the  grantees  any  durable  privileges,  much  less,  such  as  are 
granted  of  this  province,  which  are  perpetual.  But  we  hold  it  to 
be  clear  law,  that  the  Crown  had,  and  hath,  such  a  power  ;  and  it 
is  equally  clear,  that  their  late  Majesties,  King  William  and  Queen 
Mary,  for  themselves,  their  heirs  and  successors,  did,  by  their 
charter,  in  the  third  year  of  their  reign,  grant  to  the  inhabitants  of 
this  province,  and  to  their  successors  thenceforth  forever,  all  the 
powers  and  privileges  in  the  said  charter  mentioned  ;  one  of  which 
is,  that  the  Governor,  for  the  time  being,  shall  convene,  adjourn, 
prorogue  and  dissolve  the  General  Court,  as  in  the  two  clauses 
above  quoted  ;  which  clauses,  for  the  reasons  aforesaid,  we  hum 
bly  apprehend,  vest  in  the  Governor,  for  the  benefit  of  said  inhabi 
tants,  an  exclusive  right  for  those  purposes  ;  and  therefore,  that 
no  instructions  can  supersede  or  control  that  right,  which  is  a 
beneficiary  grant  to  the  people,  without  injuring  them,  and  so  far 
vacating  the  charter.  Your  Honor  has  observed  very  justly,  "  that 
his  Majesty  never  intended  his  instructions  should  supersede  or 
control  the  law."  This  is  and  must  be  true  also,  with  respect  to 
the  charter  ;  because  it  is  the  great  law  of  the  constitution  ;  and 
is  the  foundation  of  the  laws  of  the  province  ;  and  because  his 
Majesty  is  just ;  has  a  paternal  affection  for  his  people ;  and  never 
intended  his  iustructions  should  subject  them  to  any  unnecessary 
inconvenience,  much  less,  infringe  their  rights. 

We,  therefore,  earnestly  request,  that  for  his  Majesty's  service, 
the  ease  and  happiness  of  your  Honor's  administration,  the  con 
venience  of  the  General  Court,  the  utility  and  satisfaction  of  the 
province  in  general,  in  pursuance  of  the  intention  and  spirit  of 
diverse  acts  and  laws  ot  the  province,  pursuant  to  the  usage  (under 
both  charters,)  of  more  than  a  hundred  years  standing  ;  but  more 
especially,  pursuant  to  the  full  and  exclusive  powers  vested  in  the 
Governor  by  the  present  charter,  your  Honor  will  please  to  ad 
journ  or  prorogue  the  great  and  General  Court  to  its  ancient  and 
constitutional  place,  the  Town  House,  in  Boston. 

[The  committee  of  Council,  who  reported  this  address,  were,W. 
Brattle,  J.  Bowtfoin,  Col.  Otis,  R.  Tyler,  and  S.  Dexter.] 


MASSACHUSETTS  STATE  PAPERS.  227 

MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  COUNCIL,  JUNE  15,  1770. 

Gentlemen  of  the  Council, 

You  seem,  as  far  as  I  can  collect  from  your  address,  to  de-  I 
cline  proceeding  in  your  Legislative  capacity,  upon  public  busi 
ness.  You  have  expressed  your  sense,  in  very  strong  terms,  that 
I  ought  not  to  have  caused  the  General  Court  to  convene  at  Cam 
bridge,  in  consequence  of  instructions  ;  and  that  it  is  necessary  to 
the  public  good,  that  it  should  be  convened  at  Boston. 

I  have  "thought  fit,  and  have  appointed,"  that  the  General 
Court  should  convene  at  Cambridge.  I  have  done  no  more  than 
what  the  charter  authorizes  me  to  do.  If  I  have  done  it  merely  in 
consequence  of  instructions,  and  from  a  sense  of  my  obligations  to 
conform  to  what  appears  to  me  to  be  his  Majesty's  pleasure,  I 
shall,  notwithstanding,  be  justified;  for  the  Crown,  neither  by 
•the  charter,  nor  in  any  other  way,  hath  ever  divested  itself  of  the 
right  of  instructing  the  Governor  in  what  manner  this  power,  dele 
gated  to  him,  shall  be  exercised.  The  practice  of  giving  instruc 
tions,  which  began  with  the  charter,  and  which  has  continued  four 
score  years,  I  think  should  have  been  sufficient  to  prevent  the 
Council  from  taking  exception  to  them. 

If,  without  regard  to  any  signification  of  his  Majesty's  pleasure, 
I  had,  in  my  own  judgment,  thought  fit  and  necessary  that  the 
Court  should  be  convened  at  Cambridge,  it  would  now  be  to  no 
purpose  for  me  to  tell  you  so  ;  for  although  you  admit  it  to  be  a 
part  of  the  prerogative,  that  I  should  convene  the  Court  at  such 
time  and  place  as  I  judge  to  be  most  fit,  yet  you  have  a  reserve; 
for  you  have  explained  away  all  the  prerogative,  and  removed  it 
from  the  King  and  his  representative,  and  made  yourselves  and 
the  people  the  judges,  when  it  shall  be  exercised ;  and,  in  the 
present  case,  have  determined  that  it  is  not  fit  it  should  be  exer 
cised.  f ,-.' 

I  will  not  engage  in  a  dispute  with  you  upon  these  points.  I 
think  it  enough  for  me  to  tell  you,  that  I  have  not  the  least  doubt 
of  the  right  of  the  Crown  to  control  the  Governor,  by  instructions, 
or  other  signification  of  the  royal  pleasure;  that  I  believe  it  to  be 
for  the  benefit  of  the  people,  that  a  Governor  should  be  under  this 
control ;  that  the  present  set  of  instructions,  for  the  Governors  of 
this  province,  are  wisely  framed  for  the  advantage  of  the  province ; 
that  I  have  no  instructions  at  present,  nor  have  I  reason  to  expect 
any,  militating  with  the  charter,  nor  with  any  law  of  the  province  :  | 
I  must,  therefore,  adhere  to  them.  *!^ 

As  his  Majesty's  Council  for  the  province,  I  shall  consult  you 
upon  every  occasion  ;  and  your  advice  will  have  great  weight  with 


228  MASSACHUSETTS    STATE    PAPERS. 

me.  But  I  must  finally  judge  for  myself  of  the  fitness  and  expe 
diency  of  exercising  the  powers  devolved  upon  me,  by  virtue  of 
my  commission. 

I  am  not  able  to  comply  with  your  request,  to  adjourn  or  pro 
rogue  the  Court  to  Boston.  I  therefore  earnestly  recommend  to 
you  to  proceed,  without  further  delay,  upon  the  public  business  oi" 
the  province.  T.  HUTCHINSON. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT 
GOVERNOR,  JUNE  15,  1770. 

May  it  please  your  Honor, 

f       THE  House  of  Representatives  be<*  leave  to   remind   your 
1  Honor,  that,  by  their  message  of  the  7th  instant,  they  made  known 


),  y°u  ^ie"  res°luti°n9  tnat  it^was  not  expedient  for  them  to  pro- 

\°     ceed  to  business,  out  of  their  ancient,  usual,  and  only  convenient 

L  tC^1^  Ay-  place>  the  Town  House,  in    Boston  ;    and  prayed  your   Honor 
t  ,<}C  I         would  be  pleased  to  remove  this  General  Assembly  to  that  place. 

oc  *-     jo^j       Your  Honor,  in  answer,  was  pleased  to  express  your  hopes,  that 
v.  y*v  we  would  not  finally  refuse  to  do  business  in   Cambridge.     We, 

therefore,  take  this  opportunity  to  assure  you,  that  having  had  fur 
ther  time  maturely  to  consider  the  matter,  we  are  still  determined 
to  abide  by  the  resolution,  and  arc  ready  to  answer  for  all  the  ill 
consequences  that  can  be  attributed  to  us.  Surely  you  cannot 
think  it  for  the  honor  of  the  House,  without  any  declared  or  con 
ceivable  reason,  to  be  kept  here,  dependant  upon  private  persons 
even  for  shelter,  in  a  manner  deforced  from  the  House,  provided 
and  established  for  the  Assembly,  at  a  great  expense  to  the  peo 
ple,  which  now  stands  entirely  useless  and  solitary. 
+»  We  again,  in  duty  to  his  Majesty,  and  in  faithfulness  to  our 
constituents,  make  a  tender  of  ourselves,  as  ready  to  transact  the 
public  business;  provided  your  Honor  will  remove  us  to  the  afore 
said  ancient  and  established  seat  of  government. 

If  you  are  still  determined  not  to  gratify  the  request  of  the  two 
Houses,  in  removing  the  Assembly  there,  you  will  please  to  con 
sider,  whether  it  will  tend  to  the  cultivation  of  that  harmony  in 
the  Legislature,  which  all  good  men  desire,  to  continue  us  sitting. 
The  Members  of  this  House,  unwilling  that  their  constituents 
should  be  put  to  an  unnecessary  expense,  are  desirous  of  leave  to 
retire  to  their  several  homes. 

[The  committee  who  prepared  the  message  of  June  15,  were, 
Mr.  Gushing,  (the  Speaker,)  Maj.  Hawley,  Mr.  S.  Adams,  Capt. 
Sheaffe,  and  Mr.  J.  Adams.J 


U«J 
" 


MASSACHUSETTS    STATE    PAPERS.  229 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 

JUNE  15,  1770. 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE  reason  to  expect,  every  day,  letters  from  his  Majesty's 
Secretary  of  State,  and  it  appears  to  me  probable  that  they  may 
contain  matters  of  importance  to  the  government.  I,  therefore, 
think  it  necessary  the  Court  should  continue  sitting  some  time 
longer,  that  I  may  have  an  opportunity  of  communicating  them,  so 
far  as  I  may  be  required  or  allowed  to  do  it. 

T.  HUTCHINSON. 


MESSAGE 

FROM  THE  COUNQIL  TO  THE  LIEUTENANT  GOVERNOR,  JUNE  19,  1770. 

May  it  please  your  Honor., 

WE  have  attentively,  considered  your  Honor's  message  in 
answer  to  our  address,  and  we  beg  leave  to  make  a  few  observa 
tions  upon  it. 

The  charter  of  the  province,  as  it  creates  and  defines  the  powers 
of  its  Governor,  is  the  only  rule  (where  the  province  law  is  silent) 
by  which  to  judge  of  those  powers.  It  is  a  compact  between  the 
Crown  and  this  people,  to  be  mutally  observed  and  kept.  There 
is  no  reservation  in  it  that  instructions  shall  be  a  rule  of  govern 
ment  to  the  Governor.  No  such  instructions,  therefore,  can  be  a 
rule  to  him  in  cases  wherein  they  alter  those  powers,  or  in  any 
other  way  affect  the  charter.  This  inference,  we  apprehend,  your 
Honor  will  allow  to  be  just  in  general  ;  and  we  think  you  will 
allow  it  to  be  just  also  with  regard  to  the  Governor's  power  of  ad 
journing,  proroguing  and  dissolving  the  General  Court.  For,  al 
though  we  particularly  quoted  the  clause  of'  the  charter,  which 
relates  to  that  power,  and  have  delivered'  our  sentiments  pretty 
fully  upon  it;  and  it  appears  clearly,  that  it  vests  in  the  Governor 
an  exclusive  right  to  exercise  that  power,  yet  your  Honor  wholly 
confines  your  observations  to  the  power  of  convening  the  General 
Court;  which  induces  us  to  think  you  are  satisfied  the  Governor 
has  an  exclusive  right,  relative  to  the  adjourning  and  proroguing; 
and,  consequently,  that  it  is  not  controlable  by  the  instructions.  It 
is,  therefore,  needless,  with  regard  to  the  power  of  convening  the 


230  MASSACHUSETTS  STATE  PAPERS. 

Court,  to  say  any  thing  concerning  it,  in  addition  to  what  we  have 
said  in  our  address,  as  the  object  of  our  present  desire  is,  that  you 
would  please  to  adjourn  or  prorogue  the  Court  to  Boston. 

Your  Honor  is  pleased  to  tell  us,  that  "the  practice  of  giving 
instructions,  which  began  with  the  charter,  and  has  continued  near 
fourscore  years,  should  have  been  sufficient  to  prevent  the  Council 
from  taking  exceptions  to  them."  Our  address  furnished  no  occa 
sion  for  this  observation  ;  for  the  instructions,  therein  referred  to, 
were  not  instructions  in  general ;  but  such  only,  as  we  apprehend, 
militated  with  the  charter.  On  such  instructions,  when  made  the 
rule  of  government,  it  is  the  duty  of  the  Council,  in  a  becoming 
manner,  to  signify  their  mind,  even  though  such  instructions  had 
begun  with  the  charter,  and  continued  to  the  present  time.  And 
such  a  signification  of  their  mind,  we  humbly  apprehend,  can  never 
subject  the  Council  to  his  Majesty's  displeasure. 

Your  Honor  informs  us,  that,  "although  we  admit  it  to  be  a  part 
of  the  prerogative,  that  you  should  convene  the  Court  at  such  time 
and  place  as  you  judge  fit,  yet  wejhave  a  reserve;  for  we  have 
explained  away  all  the  prerogative,  removed  it  from  the  King  and 
his  Representative,  and  made  ourselves  and  the  people  the  judges, 
when  it  shall  be  exercised;  and,  in  the  present  case,  have  deter 
mined  that  it  is  not  fit  it  should  be  exercised." 

We  wish  your  Honor  had  quoted  the  clauses  on  which  you 
ground  the  several  declarations  contained  in  the  foregoing  para 
graph.  Had  this  been  done,  you  would  not  have  found,  that  they 
justified  all  of  them.  We  do  not  admit  the  convening  of  the  Court 
on  the  last  Wednesday  of  May,  yearly,  to  be  a  part  of  the  prero 
gative,  in  sucli  a  sense  as  to  make  the  convening  of  it,  on  that  day, 
doubtful.  We  have  made  no  reserve,  but  what  is  warranted  by 
the  charter ;  by  several  laws  of  the  province  ;  oy  ancient  usage ; 
and  by  the  nature  and  design  of  the  institution.  We  have  not  ex 
plained  away  all  the  prerogative,  or  any  part  of  it;  but  shewn,  in 
the  first  place,  what  it  is,  according  to  the  charter;  and,  in  the 
next,  that  those  laws,  with  certain  proceedings  of  the  General 
Court,  if  they  do  not  amount  to  a  strictly  legal  establishment  of 
the  place  of  convening  and  holding  the  General  Court,  at  least 
furnish,  in  our  humble  opinion,  a  rule,  by  which  the  Governor 
ought  to  conduct  himself;  and  from  which  he  may  not  depart,  but 
in  cases  of  emergency.  We  have  not  removed  the  prerogative 
from  the  King  and  his  Representative ;  but,  on  the  contrary, 
shewn,  that  it  has  been  vested  by  the  King,  in  his  Representative, 
to  be  exercised  for  the  good  of  the  people,  which  is  the  great  end 
—  of  prerogative.  We  have  not  made  ourselves  and  the  people, 
either  jointly,  or  severally,  the  judges  when  it  shall  be  exercised  ; 
but,  on  the  contrary,  in  the  fullest  and  most  express  manner,  have 
declared  it  to  be  exercised  as  the  King's  Representative  shall 
judge  it  fit,  consistent  with  the  rule  aforesaid.  But,  if  there  were 
no  such  rule  to  guide  his  judgment,  he  would  not  be  lawless  in  this 


MASSACHUSETTS    STATE    PAPERS.  231 

case;  nor  could  make  mere  will  and  pleasure,  the  rule,  (if  they 
can  be  called  a  rule)  of  his  judging.  For,  by  the  very  terms,  and 
by  the  reason  which  ought  to  influence  all  his  determinations,  there 
is  to  be  a  fitness  in  his  judging ;  a  fitness  arising  from  convenience, 
safety,  and  utility  5  agreeable  to  which,  it  would  be  his  duty  to  act : 
and,  therefore,  although  we  have  given  our  opinion  what  the  gen 
eral  convenience  require  ;  and  that,  in  the  present  case,  they  re 
quire  the  removal  of  the  General  Court  to  Boston  ;  yet,  we  have 
not  made  ourselves,  nor  the  people,  the  judges  in  this  matter;  but, 
on  the  contrary,  have  declared  in  the  address,  to  which  your  mes 
sage  is  an  answer,  that  the  Governor  of  the  province  is  the  sole 
judge.  And,  therefore,  as  we  could  not  suppose  your  Honor  has 
designedly  misrepresented  our  address,  you  will  give  us  leave  to 
say,  you  have  greatly  mistaken  it. 

We  are  sorry  to  have  reason  to  say,  that  in  this  clause  of  the 
message,  there  is  discoverable,  not  only  a  disposition  unkind  and 
unfriendly  to  the  Council,  but  a  want  of  candor  and  justice. 

Is  it  kind  or  friendly — does  it  consist  with  candor  and  justice 
to  represent,  that  we  first  admit  the  convening  of  the  Court  to  be 
part  of  the  prerogative  fully  vested  in  the  Governor  ;  that  we  then 
make  reserves  concerning  it ;  that  we  explain  it  wholly  away ; 
that  we  remove  it  from  the  King  and  his  Representative  ;  and  that 
we  make  ourselves  and  the  people  the  judges,  when  it  ahall  be  ex 
ercised  ? 

If  your  Honor  intended  to  bring  upon  the  Council  the  displea 
sure  of  his  Majesty,  and,  in  consequence  of  it,  procure  an  altera 
tion  of  its  constitution,  you  could  not  do  it  more  effectually,  than. 
by  such  a  representation.  But,  on  examining,  it  will  be  evident, 
that  there  is  no  foundation  for  it ;  either  in  the  address,  or  in  any 
other  act  of  the  Council.  And,  therefore,  such  a  representation  is 
not  only  unkind  and  unjust  to  the  Council ;  but,  if  we  had  let  it 
pass  unnoticed,  might  have  proved  injurious  to  the  charter  rights 
of  the  province. 

It  is  with  regret  we  make  these  observations ;  but  we  are  con 
strained  to  it  by  the  justice  due  to  ourselves,  and  by  the  claim  the 
province  has  upon  us  to  defend  the  constitution  of  its  government. 
We  have  the  warmest  sentiments  of  duty  and  loyalty  to  his  Ma 
jesty,  which  will  stimulate  us,  on  the  one  hand,  to  defend  the  just 
prerogative  of  the  Crown ;  and,  on  the  other,  to  promote,  as  far  as 
we  can,  the  end  and  design  of  such  prerogative,  the  good  of  the 
people. 

As  your  Honor  has  not  condescended  to  give  the  Board  the 
reasons  on  which  you  ground  your  opinion,  concerning  the  efficacy 
of  instructions  to  control  the  Governor's  power  of  convening  the 
General  Court;  as  you  are  wholly  silent  about  his  power  of  ad 
journing  and  proroguing  the  Court,  and  have  not  pointed  out  the 
insufficiency  of  the  reasons  by  which  we  have  endeavored  to  sup 
port  our  own  opinion  on  those  points,  we  are  under  a  necessity, 
till  we  have  further  light,  to  continue  in  the  same  opinion. 


MASSACHUSETTS    STATE    PAPERS. 

In  the  mean  time,  we  beg  leave  to  offer  a  few  observations  on 
the  remaining  part  of  your  Honor's  message.  It  informs  us  you 
"  will  not  engage  in  a  dispute  with  us  upon  these  points  5  that  you 
think  it  enough  for  you  to  tell  us  that  you  have  not  the  least  doubt 
of  the  right  of  the  Crown  to  control  the  Governor  by  instructions, 
or  other  signification  of  the  royal  pleasure ;  and,  that  you  believe 
it  to  be  for  the  benefit  of  the  people,  that  the  Governor  should  be 
under  this  control."  As  we  are  not  inclined  to  be  captious,  we 
will  not  suppose  your  Honor  intended  to  intimate  your  own  supe 
riority,  or  that  it  would  be  too  great  condescension  in  you^and 
below  your  dignity,  to  discuss  this  subject  with  the  Council.\/VVTe 
shall,  therefore,  only  observe,  that  if  you  have  no  doubt  of  the  right 
of  the  Crown  to  control  the  Governor  by  instructions,  you  can 
have  no  doubt  of  your  own  right,  not  only  of  convening  the  Court 
at  Cambridge,  and  holding  it  here,  contrary  to  the  prayers  of  both 
Houses,  and  all  the  reasons  offered  by  them  ;  but  (in  case  you  had 
been  so  instructed,)  of  refusing  to  convene  it  at  all,  either  on  the 
last  Wednesday  of  May,  yearly,  as  required  by  the  charter,  or  at 
any  other  time;  nor  can  you,  in  the  same  case,  doubt  of  your  right 
to  dissolve  the  charter  wholly,  and  with  it  the  present  form  of 
government,  and  to  introduce  another.  These  are  necessary  con 
sequences  of  the  doctrine  delivered  in  your  Honor's  message.  It 
is,  therefore,  a  doctrine  inconsistent  with  every  idea  of  English 
government,  and  utterly  subversive  of  the  ends  of  all  government; 
and  it  puts  the  property,  liberties,  and  rights  of  the  people  of  this 
province  on  a  veryprecarious  foundation,  or  rather  destroys  the 
foundation  entirel^J  We  cannot  see  how  it  can  be  "  for  the  bene 
fit  of  the  people,  that  a  Governor  should  be  under  this  control  ;" 
the  control  of  instructions,  that,  in  their  nature  and  consequences, 
may  prove  ruinous  to  the  people.  But  as  we  hope  your  Honor 
does  not  entertain  principles  of  such  a  tendency,  we  suppose  you 
must  have  meant  such  instructions  only,  as  were  consistent  with 
the  charter,  and  the  rights  and  privileges  of  Englishmen. 

Your  message  further  declares,  "  that  the  present  set  of  instruc 
tions,  for  the  Governors  of  this  province,  are  wisely  framed  for  the 
advantage  of  the  province."  You  are  pleased  here  to  express 
your  entire  approbation  of  the  instructions  you  have  received,  one 
of  which,  we  have  been  made  to  understand,  is,  that  the  General 
Court  shall  be  held  in  the  town  of  Cambridge.  Till  this  declara 
tion,  we  had  pleased  ourselves  with  the  thought  that  you  were  sin 
cerely  desirous,  (had  it  consisted  with  your  instructions,)  that  the 
Court  should  be  removed  to  Boston.  But  how  can  it  be  supposed 
your  Honor  can  desire  that  this  removal  should  take  place,  the  di 
rect  contrary  to  which  you  have,  by  fair  implication,'  declared  is 
for  the  advantage  of  the  province  ?  That  advantage,  however,  can 
never  appear,  if  the  instructions,  which  are  the  only  evidence  of 
it,  be  kept  secret. 

If  instructions  are  to  be  the  law  and  rule  of  government,  is  it  not 


MASSACHUSETTS  STATE  PAPERS.  233 

fit  and  proper  that  they  should  be  known  ?  Are  we  not,  otherwise, 
not  only  in  a  state  of  vassalage,  but  distinguished  from  others  in 
that  state,  in  this  essential  circumstance,  that  they  have  a  known 
law,  which  they  might  obey ;  and  we  an  unknown  one,  which,  for 
that  reason,  we  can  neither  obey  or  disobey  5  and  yet  may  possi 
bly  be  punished  for  not  obeying  ?  „_- 

Your  Honor  tells  us,  "you  have  no  instructions  militating  withN 
the  charter."  If  there  be  an  instruction,  forbidding  the  adjourn 
ing  or  proroguing  the  General  Court  to  Boston,  we  apprehend  it 
does  militate  against  the  charter;  and  we  think  we  have,  in 
our  address,  clearly  proved,  from  the  charter,  that  it  does  mili 
tate.  In  which  case,  we  submit  it  to  your  Honor's  consideration,  « 
whether  you  can  be  held  to  observe  it  ?  -~* 

Whenever  your  Honor  shall  think  proper  to  consult  the  Coun 
cil,  upon  any  occasion,  you  may  depend  on  our  best  advice  for  his 
Majesty's  service,  and  the  good  of  the  province.  These  necessa 
rily  include  each  other ;  and  are,  in  fact,  but  different  names  for 
the  same  thing,  there  being  no  room  for  distinction  or  separation, 
between  them.  Whoever  attempts,  therefore,  to  make  a  separa 
tion,  is  an  enemy  to  both. 

As  his  Majesty  is  the  wise  and  tender  father  of  his  people,  he 
will  always  look  upon  those  as  the  best  promoters  of  his  service, 
who,  in  the  best  manner,  promote  their  interest  and  happiness.  And 
we  are  still  of  opinion,  that,  with  that  interest  and  happiness,  is 
connected  the  removal  of  the  General  Court  to  Boston. 


LETTER 

ET101I  THE  COUNCIL  TO  WILLIAM  BOLLAN,  ESQ.  AGENT  FOR  THE  PROVINCE, 
IN  ENGLAND,  MARCH,  1770,  GIVING  AN  ACCOUNT  OF  THE  MASSACRE  OE 
THE  FIFTH  OF  THAT  MONTH. 

Sir, 

THE  last  letter  sent  you  in  the  name,  and  in  consequence  of 
the  appointment  of  the  Council,  was  dated  in  January  last ;  since 
which,  the  General  Court,  piirgiinnt  t^Jthe^ministerial  mandate,  has 
been  prorogued  by  the  Lieutenant  Goveraoi^To  CambrTcIgeTwHere 
it  has  been  sitting  from  the  15th  instant.  This  the  two  Houses, 
(to  say  nothing  of  the  great  inconveniences  to  which  they  are 
thereby  subjected,)  deem  an  infringement  upon  one  of  the  rights 
of  the  charter  ;  which,  after  ordaining  that  there  shall  be  held 
and  kept  a  General  Court,  every  year,  in  May,  vests  the  Governor 
of  the  time  being,  with  the  sole  power  of  convening,  proroguing 
and  dissolving  the  said  Court,  without  any  reserve  whatever, 
80 


234  MASSACHUSETTS  STATE  PAPERg. 

What  has  passed  between  the  Lieutenant  Governor  and  the  two 
Houses,  on  this  subject,  will  be  sent  you  herewith. 

The  principal  thing,  which  we  think  it  necessary  you  should  be 
informed  of,  at  this  time,  is  the  horrid  massacre,  which  happened  in 
Boston,  on  the  evening  of  the  5th  instant,  when  eleven^of  his 
Majesty's  subjects  were  killed  and  wounxled  by  a  party  of  soldiers, 
of  the  29th  regiment,  their  leader  being  Capt.  Preston. 

The  soldiers  in  general,  and  particularly  of  that  regiment,  have 
behaved  with  great  insolence,  and  have  committed  many  abuses 
upon  the  inhabitants  of  the  town  ;  for  which  it  were  to  be  wished, 
their  punishment  had  been  adequate  to  their  deserts.  But  the  af 
fair,  which  was  more  immediately  introductory  to  the  said  massa 
cre,  was  a  quarrel  between  some  soldiers  of  the  29th  regiment  and 
certain  rope-makers  at  the  rope- walk  of  one  Mr.  Gray.  In  the 
contest,  the  soldiers  were  worsted ;  and  this  reflecting,  as  they 
thought,  on  the  honor  of  the  regiment,  there  was  a  combination 
among  them  to  take  vengeance  on  the  town,  indiscriminately.  Of 
such  a  combination  there  is  satisfactory  proof;  and  in  consequence 
thereof,  there  was,  on  the  evening  of  the  5th,  a  great  number  of 
abuses  committed  by  the  soldiers  on  the  inhabitants,  in  various 
parts  of  the  town  ;  and  being  carried  to  such  excess  by  one  party, 
a  bell  at  the  head  of  King  Street  was  rung,  as  for  fire,  which  brought 
the  neighboring  inhabitants  into  the  street  ;  and  as  King  Street 
was  the  last  scene  of  that  party's  exploits,  a  number  of  people 
collected  there  ;  about  which  time  the  centry,  at  the  custom  house, 
on  pretence  of  having  been  insulted,  knocked  at  the  door  of  said 
house;  and  speaking  with  somebody  who -came  out,  there  went 
from  thence  two  persons  to  the  main  guard,  opposite  the  court 
house,  and  procured  Capt.  Preston,  with  a  party  of  soldiers,  to  go 
to  the  centry.  Capt.  Preston,  therefore,  went  from  the  guard 
house  with  a  party  of  seven  or  eight  men,  who  passed  roughly 
through  the  people,  and  pushed  some  with  their  bayonets,  till  they 
were  posted  near  the  custom  house.  This  was  resented  by  some 
of  the  people,  by  throwing  snow  balls.  Soon  after  which,  the  said 
party  fired,  not  all  together,  but  in  succession ;  by  which  means 
eleven  persons  were  killed  and  wounded,  as  above  mentioned. 

There  are  depositions  which  mention,  that  several  guns  were 
fired  from  the  custom  house ;  and  this  matter  is  now  inquiring 
into.  Soon  after  the  firing,  the  main  body  of  the  29th  regiment 
appeared  in  arms,  in  King  Street,  and  were  drawn  up  between  the 
court  house  and  the  main  guard,  and  in  such  a  posture,  as  put  the 
inhabitants  in  fear  of  a  further  massacre ;  but,  by  the  good  hand  of 
Providence,  it  was  prevented. 

The  foregoing  is  a  short  and  general  account  of  this  unhappy 
affair,  according  to  the  best  intelligence  we  have  hitherto  been 
able  to  obtain.  The  particulars  of  it,  are  contained  in  a  narrative 
just  printed,  with  depositions  annexed  to  it ;  one  of  which  will  be 
sent  to  you  by  a  committee  of  the  town. 


MASSACHUSETTS  STATE  PAPERS.  235 

There  is  great  reason  to  apprehend,  that  depositions  have  been 
taken  in  this  affair,  by  the  procurement  of  the  disturbers  of  the 
peace  and  union,  which  ought  to  subsist  between  Great  Britain 
and  the  colonies  ;  depositions,  intended  to  make  the  town  the 
faulty  cause  of  that  massacre  5  and  to  make  it  believed,  that  the 
custom  house  was  then  in  danger  of  being  pillaged.  But  if  any 
such  depositions  have  been  sent  home,  they  are  altogether  without 
foundation  ;  there  not  being  the  least  ground,  so  far  as  we  can 
learn,  even  to  suspect  that  any  such  design  has  been  formed.  The 
Council  desire  you,  and  you  are  hereby  instructed,  to  use  your  best 
endeavors  to  procure  copies  of  such  depositions,  (if  such  there  be,) 
and  to  transmit  them  as  soon  as  may  be  ;  and,  in  the  mean  time, 
to  ward  off' any  ill  impressions,  which  otherwise  may  be  thereby 
made,  to  the  disadvantage  of  the  town  in  particular,  and  of  the 
province  in  general. 

The  longer  continuance  of  the  troops  in  town,  being,  in  the 
unanimous  opinion  of  the  Council,  absolutely  inconsistent  with 
the  safety  of  the  inhabitants,  they  advised  the  Lieutenant  Gover 
nor  to  request  Col.  Dalrymple  to  order  the  troops  to  the 
barracks,  at  Castle  Island  ;  and,  in  consequence  of  that  advice, 
the  commanding  officer  l«as  removed  them  all  thither.  You  will 
use  your  utmost  endeavors,  that  those  troops  be  ordered  by  his 
Majesty  to  be  removed  out  of  the  province,  and  that  no  more  be 
sf*nt  hither,  to  be  quartered  in  the  province. 
By  order  of  the  Council, 

S.  DANFORTH,  President. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT   GOVER 
NOR,  JUNE  21,  1770,  BEING  IN  REPLY  TO  HIS  MESSAGE  OF  JUNE  15. 

May  it  please  your  Honor, 

IN  your  last  message  to  this  House,  you  was  pleased  to  say, 
that  you  were  in  daily  expectation  of  a  letter  from  his  Majesty's 
Secretary  of  State,  which  it  was  probable  would  contain  matters 
of  importance  to  the  government ;  and  that,  therefore,  you  then 
thought  it  necessary  that  the  Court  should  continue  sitting  some 
time  longer. 

The  House  would  be  glad  to  be  informed,  whether,  in  conse 
quence  of  any  letters  you  have  received  by  the  packet,  now  arrived, 
your  Honor  has  any  matters  to  lay  before  the  Assembly.  If  so, 
the  House  is  ready  to  attend  to  their  duty,  provided  you  will  be 
pleased  to  remove  the  Assembly  to  its  constitutional  place,  the 


236  MASSACHUSETTS  STATE  PAPERS. 

Town  House,  in  Boston  ;  but  if  your  Honor  is  yet  determined 
against  such  removal,  the  Members  of  the  House  are  very  desirous 
of  returning  to  their  respective  homes, 


MESSAGE 

FkOM  THE  LIEUTENANT  GOVERNOR  TO  THE  COUNCIL  AND  THE  HOUSE  OF 
REPRESENTATIVES,  JUNE  22^  1770. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  CANNOT  remove  the  Court  to  Boston.  I  am  so  sensible  of 
the  mischief  which  must  be  the  consequence  of  your  final  refusal 
to  proceed  in  the  public  business,  that  I  must  earnestly  recommend 
to  you  a  reconsideration  of  your  votes  or  resolves  to  the  contrary. 
I  am  still  in  expectation  of  important  advices.  If  I  should  not  re 
ceive  any  before  Monday,  arid  you  shall  persist  in  your  refusal,  it 
is  my  intention  then  to  give  you  a  short  recess. 

T.  HUTCHINSON. 

[On  receiving  the  foregoing;  message  from  the  Lieutenant  Gov 
ernor,  it  was  therefore  moved  and  voted,  unanimously.,  that  the 
House  adhere  to  their  resolution,  "  that  it  is  by  no  means  expedi 
ent  to  proceed  to  business,  while  the  General  Assembly  is  thus 
constrained  to  hold  its  session  out  of  the  town  of  Boston."] 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES   TO  THE  LIEUTENANT  GOV 
ERNOR,  JUNE  25,  1770. 

May  it  please  your  Honor, 

YOUR  message,  of  the  21st  instant,  has  been  read  and  consid 
ered  in  this  House  ;  in  answer  to  which,  we  beg  leave  to  say,  that 
the  mischiefs  which  must  be  the  consequence  of  our  receding  from 
the  votes  and  resolutions  to  which  you  refer,  are  so  obvious,  that 
the  House  have  now  unanimously  resolved  to  adhere  to  the  same  ; 
therefore,  if  your  Honor  is  yet  determined  not  to  remove  the  As 
sembly  to  Boston,  we  are  very  desirous  of  leave  to  return  to  our 
respective  homes. 

[The  Lieutenant  Governor  then  directed  the  Secretary  to  pro 
rogue  the  Court  to  July  25th.] 


MASSACHUSETTS    STATE    PAPERS.  237 


SPEECH 

OF  THE  LIEUTENANT  GOVERNOR  TO  THE  COUNCIL  AND  HOUSE  OF  REPRE 
SENTATIVES,  JULY  25,  1770.* 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

PURSUANT  to  the  direction  in  the  royal  charter,  I  caused  writs 
to  be  issued,  for  convening  a  great  and  General  Court  or  Assembly, 
the  last  Wednesday  in  May.  You  met  together,  at  the  time  and 
place,  and  the  House  of  Representatives  proceeded  to  the  choice 
of  their  Speaker  and  Clerk  ;  and  the  Council  and  House,  by  joint 
ballot,  proceeded  to  the  choice  of  Counsellors,  for  the  year  ensuing  ; 
but  the  Council  and  House  requested  me  to  adjourn  or  prorogue 
the  Court  to  Boston,  and  gave  several  reasons  against  sitting  in  any 
other  place.  The  House  expressly  refused  to  proceed  upon  any 
further  business,  and  repeatedly  desired,  that,  unless  I  would  re 
move  the  Court  to  Boston,  they  might  be  allowed  to  return  to  their 
respecti ve  homes.  I  could  not,  consistently  with  my  duty  to  the 
King,  remove  you  to  Boston.  To  continue  you  sitting,  was  con 
tinuing  a  burden  upon  the  people,  without  any  benefit  5  for  their 
ease,  I  prorogued  the  Court  for  four  weeks.  From  a  regard  to  their 
interest,  and  because  the  public  business  will  not  admit  of  further 
delay,  I  meet  you  at  the  time  to  which  you  stood  prorogued  :  I 
meet  you  at  Cambridge,  because  I  have  no  reason  to  think  there 
has  been  any  alteration  in  his  Majesty's  pleasure,  which,  I  doubt 
not,  was  determined  by  wise  motives,  and  with  a  gracious  purpose, 
to  promote  the  good  of  the  province  ;  and  I  must  renew  my  earnest 
recommendation  to  you,  to  proceed,  without  delay,  upon  such  affairs 
as  lie  before  you. 

The  illegality  of  holding  the  Court  any  where,  except  in  the  town 
of  Boston,  I  think,  you  will  no  longer  insist  irpon.  I  know  of 
nothing  to  support  you,  except  the  form  of  a  writ,  for  calling  the 
Assembly ;  and,  upon  the  force  of  this,  you  have  the  opinion  of  the 
Attorney  and  Solicitor  General,  in  the  following  words  :  That  the 
sole  power  of  dissolving,  proroguing  or  adjourning  the  General 
Court  or  Assembly,  either  as  to  time  or  place,  is  in  his  Majesty's 
Governor  ;  and,  that  the  reasons  against  it,  from  the  act  of  the 
tenth  of  King  William,  have  no  real  foundation,  there  being  no 
clause  in  that  act,  laying  any  such  restraint  upon  the  Governor  ; 
but,  in  the  form  of  the  writ,  the  word  Boston  is  mentioned,  which 
must  be  understood,  by  way  of  instance  or  example  only,  and  not 

*  Before  the  Lieutenant  Governor  delivered  this  Speech,  and  immediately  after  the  Mem 
bers  of  the  Court  had  convened,  Mr.  Hancock  and  others,  were  appointed  a  committee  of 
the  House  of  Representatives,  to  wait  on  the  Lieutenant  Governor,  and  acquaint  him  that  a 
quorum  was  present,  (in  the  College  Chapel,)  and  that  they  were  very  desirous  his  Honor 
would  be  pleased  to  remove  the  General  Assembly  to  its  ancient  and  legal  place,  the  towu  of 
Boston. 


238  MASSACHUSETTS  STATE  PAPERS. 

to  limit  the  power  the  Crown  has,  of  summoning  or  holding  Gen 
eral  Courts  or  Assemblies  at  any  place,  much  less  of  adjourning 
V  them  from  one  place  to  another  after  they  were  summoned  ;  which 

fy  JMU  V  report  was  accepted  by  the  King  in  Council.  And  although  this 
form  of  a  writ  was  afterwards  brought,  by  the  House  of  Represent 
atives,  as  an  objection  against  holding  the  Court  in  Salem,  in  the 
year  1728,  yet  they  did  not  think  it  sufficient  to  justify  them  in 
refusing  to  do  business  ;  and  the  Council  for  that  year,  who  are 
allowed  to  have  been  men  of  integrity  and  superior  understanding, 
as  well  as  of  the  first  families  and  estates  in  the  province,  in  a 
message  to  the  House,  express  their  sense  in  the  following  words, 
viz.  :  "touching  the  adjournment,  they  apprehend  it  improper  and 
inconvenient  to  make  any  doubt  of  the  validity  thereof;  and  they 
are  readyto  join  with  the  Honorable  House, in  proceeding  to  do  the 
proper  and  necessary  business  of  the  province."  From  that  time, 
I  have  never  known  it  suggested,  until  the  present  day,  that  the 
General  Court,  by  charter  or  by  law,  is  confined  to  the  town  of 
Boston.  I  have  given  you  one  instance,  in  the  year  1747,  which 
makes  it  probable,  that  the  House  of  Representatives  rather  chose 
the  Court  should  sit  elsewhere  ;  and  I  may  add  another,  in  the  year 
1754,  when  a  committee  of  the  House  was  appointed  to  consider 
of,  and  report  a  proper  place  for  a  Court  House,  at  a  distance  from 
Boston. 

Your  next  objection,  that  I  act  in  consequence  of  instructions, 
has  still  less  color.  Instructions  relative  to  any  matter,  not  uncon 
stitutional,  must  be  obligatory  upon  me  :  my  commission  makes 
them  so.  I  have  no  authority  to  act,  but  what  I  derive  from  this 
commission,  and  I  must  act  in  conformity  to  my  instructions,  or 
not  at  all ;  and  I  think  I  may  safely  say,  there  is  not  one  of  you,  who, 
if  he  was  in  my  station,  would  venture  to  depart  from  them. 

The  only  remaining  exception  is  this,  that  admitting  it  to  be 
legal  and  a  part  of  the  prerogative,  the  other  branches  have  never 
theless  a  clear  right  to  inquire  into  the  exercise  of  this  power,  and 
to  judge  for  themselves,  whether  it  be  wisely  and  beneficially,  or 
imprudently  and  arbitrarily  exercised — "  to  remonstrate" — to 
"  make  a  stand" — and  "  finally  to  refuse  to  do  business."  The 
actual  inconveniences  which  you  have  enumerated,  from  sitting  at 
Cambridge,  can  easily  be  removed,  or  they  are  so  inconsiderable, 
that  a  very  small  public  benefit  will  outweigh  them. 

The  House  of  Representatives  mention  an  inconvenience,  which 
may  arise  from  the  use  of  this  part  of  the  prerogative,  because  it 
gives  power  to  the  Governor  "to  carry  the  Assembly  from  one 
extreme  part  of  the  province  to  another,  till  he  shall  have  worried 
them  into  a  compliance  with  some  arbitrary  mandate,  to  the  ruin  of 
their  own,  and  their  constituents  liberties."  The  same  exception 
may  be  made  to  the  use  of  every  other  part  of  the  prerogative,  for 
every  part  is  capable  of  abuse,  and  so  is  every  authority,  or  trust, 
whatsoever.  I  will,  however,  assure  you,  that  I  have  never  re- 


MASSACHUSETTS    STATE    PAPERS.  239 

ceived  any  arbitrary  mandates  ;  I  have  no  design  myself ;  I  know 
of  no  "  fixed  design  to  harass  you?  in  order  to  bring  you  into  a 
compliance  with  any  arbitrary  measures."  I  have  nothing  to  lay 
before  you,  but  the  common  business  of  the  province,  which  is  ne 
cessary  for  the  general  interest  of  the  people.  Consult  this  inter 
est,  in  every  constitutional  way.  Do  it  with  as  much  deliberation 
as  the  importance  of  every  case  shall  require  ;  I  will  patiently  wait 
the  result  of  your  debates.  Do  it  with  as  much  diligence  and  des 
patch  as  you  please,  and  I  will  give  you  no  interruption,  nor  oc 
casion  any  delay. 

But  pray  consider  this  last  exception,  and  the  effect  of  a  con 
cession  to  it.  *  \ 
You  allow  that  the  appointment  of  a  place  for  holding  the  Court,  i 
is  a  part  of  the  prerogative,  but  you  refuse  or  neglect  to  do  busi 
ness  any  where,  except  in  Boston  ;  for  this  prerogative,  you  say, 
is  to  be  exercised  for  the  public%ood,  and  you  do  not  think  it  for 
the  public  good,  that  the  Court  should  sit  any  where,  except  in 
Boston ;  his  Majesty  thinks  it  for  the  public  good,  that  the  Court 
should  sit  in  Cambridge.  If  your  opinion  is  to  prevail  against  his 
Majesty's  opinion,  to  what  purpose  was  this,  or  any  other  reserve 
in  the  charter,  made  to  the  Crown. 

You  consider  the  charter  as  a  compact  between  the  Crown  and 
the  people  of  the  province.  Shall  one  party  to  the  compact  bo  held, 
and  not  the  other  ?  The  Crown,  by  charter,  grants  as  a  privilege 
to  the  people,  that  a  great  and  General  Court  or  Assembly,  snaU 
be  held  every  last  Wednesday  in  May,  forever.  You  would  have 
thought  me  culpable,  and  very  justly,  if  I  had  deprived  the  people 
of  this  privilege,  by  refusing  to  issue  writs,  for  convening  the  Court 
on  the  last  Wednesday  in  May,  or  by  refusing  to  do  my  part  of 
the  peculiar  business,  for  which  it  is  then  convened.  By  the  same 
charter,  the  Crown  reserves,  as  part  of  the  prerogative,  the  power 
of  adjourning,  proroguing,  and  dissolving  the  great  and  General 
Court  or  Assembly.  Conformable  to  this  reserve,  I  have  pro 
rogued  you  to  this  time  and  place.  If  you  had  refused  to  meet, 
or  should  refuse  to  do  business,  now  you  are  met,  would  you  not 
deprive  the  Crown  of  the  exercise  of  the  prerogative,  and  fail  of 
performing  your  part  of  the  compact  ?  The  House  of  Represent 
atives  say,  they  are  ready  to  answer  for  the  ill  consequences  which 
can  be  attributed  to  them ;  and  yet  they  seem  to  have  been  sensi 
ble  of  the  danger,  from  a  failure  of  the  same  nature  ;  for  they 
acknowledge,  "  they  proceeded  to  the  election  of  Counsellors,  that 
the  enemies  of  our  constitution  might  not  have  it  in  their  power 
to  say,  that,  by  an  omission,  they  had  forfeited  our  invaluable  char 
ter."  At  the  same  time,  they  refused  to  do  any  other  business, 
because  "  none  lay  before  them  of  such  necessity,  as,  that  omit 
ting  it,  would  endanger  the  constitution."  Let  me  observe  to  you, 
gentlemen,  that  it  is  not  the  importance  of  the  business  omitted, 
but  it  is  the  refusal  of  the  two  Houses  to  comply  with  what  the 


I 
240  MASSACHUSETTS    STATE    PAPERS. 

charter  requires  of  them,  which  our  enemies  will  take  the  advan 
tage  of,  and  which  will  endanger  the  constitution  ;  and  your  re 
fusing,  or  neglecting,  to  do  business  now,  will  be  as  certain  an 
instance  of  your  non-compliance  with  what  your  charter  requires 
of  you,  as  if  youjiad  refused  to  proceed  to  the  election  of  Coun 
sellors  in  May  lastTj 

If  you  shall  persisTin  your  refusal,  I  must  prorogue  you  to  some 
future  time.  Without  further  signification  of  his  Majesty's  plea 
sure,  it  is  not  in  my  power  to  remove  you  to  Boston.  But,  I  flatter 
myself,  you  will  not  persist — you  will  not  leave  it  in  the  power  of 
your  enemies  to  hurt  you.  I  am  sure,  you  have  friends,  who  will 
think  themselves  happy,  if  you  do  not  put  it  out  of  their  power  to 
serve  you.  Your  compliance  can  be  no  benefit  to  our  Sovereign, 
any  further,  than  as  he  interests  himself  in  the  happiness  of  his 
subjects.  I  am  not  thus  importunate  with  you,  from  any  view  to 
iny  private  or  personal  advantaglf,  for,  if  I  am  faithful  in  the  dis 
charge  of  my  trust,  I  shall  hav*  the  same  approbation,  whether  I 
am  successful  or  not.  It  is  the  interest  of  the  people  only,  which 
is  at  stake.  By  persisting  in  your  refusal,  you  are  most  effectu 
ally  disserving  this  interest.  You  are  even  rendering  more  diffi 
cult  the  accomplishment  of  what  you  profess  to  desire  and  pursue. 

T.  HUTCHINvSON. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT 
GOVERNOR,  AUGUST  1,  17TO. 

May  it  please  your  Honor , 

THE  House  of  Representatives  having  duly  attended  to  your 
speech  to  both  Houses,  at  the  opening  of  this  session,  and  mature 
ly  considered  the  several  parts  of  it,  have  unanimously,  in  a  full 
House,  determined  to  adhere  to  their  former  resolution,  "  that  it 
is  by  no  means  expedient  to  proceed  to  business,  while  the  Gene 
ral  Assembly  is  thus  constrained  to  hold  the  session  out  of  the 
town  of  Boston/'  Upon  a  recollection  of  the  reasons  we  have 
before  given  for  this  measure,  we  conceive  it  will  appear  to  all 
the  world,  that  neither  the  good  people  of  this  province,  nor  the 
House  of  Representatives,  can  be  justly  charged  with  any  ill  con 
sequences  that  may  follow  it.  After  the  most  attentive  and  re 
peated  examination  of  your  speech,  we  find  nothing  to  induce  us 
to  alter  our  opinion,  and  very  little  that  is  new  and  material  in 
the  controversy :  but,  as  we  perceive  it  is  published,  it  may  possi 
bly  be  read  by  some  who  have  never  seen  the  reasons  of  the  House  : 


MASSACHUSETTS    STATE    PAPERS.  24:1 

and  as  there  are  specious  things  contained  in  it,  which  may  have 
a  tendency  to  make  an  unhappy  impression  on  some  minds,  we 
have  thought  proper  to  make  a  few  observations  upon  it. 

You  are  pleased  to  say,  "  you  meet  us  at  Cambridge,  because 
you  have  no  reason  to  think  there  has  been  any  alteration  in  his 
Majesty's  pleasure,  which,  you  doubt  not,  was  determined  by  wise 
motives,  and  with  a  gracious  purpose  to  promote  the  good  of  the 
province."  We  presume  not  to  call  in  question  the  wisdom  of 
our  Sovereign,  or  the  rectitude  of  his  intentions  :  but  there  have 
been  times,  when  a  corrupt  and  profligate  administration  have 
ventured  upon  such  measures,  as  have  had  a  direct  tendency  to 
fruin  the  interest  of  the  people,  as  well  as  that  of  their  royal 
In  aster.  *"\ 

This  House  have  great  reason  to  doubt,  whether  it  is,  or  ever  * 
was,  his  Majesty's  pleasure,  that  your  Honor  should  meet  the  As 
sembly  at  Cambridge,  or  that  he  has  ever  taken  the  matter  under 
his  royal  consideration :  because  the  common,  and  the  best  evi 
dence  in  such  cases,  is  not  communicated  to  us.  J 

It  is  needless  for  us  to  add  any  thing  to  what  has  been  hereto 
fore  said  upon  the  illegality  of  holding  the  Court  any  where,  ex 
cept  in  the  town  of  Boston:  for,  admitting  the  power  to  be  in 
the  Governor  to  hold  the  Court  in  any  other  place,  when  the  public 
good  requires  it ;  yet,  it  by  no  means  follows,  that  he  has  a  right 
to  call  it  in  any  other  place,  when  it  is  to  the  manifest  injury  and 
detriment  of  the  public.  """1 

The  opinion  of  the  Attorney  and  Solicitor  General  has  very  lit-  ^ 
tie  weight  with  this  House  in  any  case,  any  further,  than  the  rea 
sons  which  they  expressly  give,  are  convincing.  This  province 
has  suffered  so  much  by  unjust,  groundless,  and  illegal  opinions 
of  those  officers  of  the  Crown,  that  our  veneration,  or  reverence 
for  their  opinions,  is  much  abated.  We  utterly  deny,  that  the 
Attorney  and  Solicitor  General  have  any  authority  or  jurisdiction 
over  us  ;  any  right  to  decide  questions  in  controversy  between  the 
several  branches  of  the  Legislature  here  :  nor  do  we  concede,  that 
even  his  Majesty  in  Council,  has  any  constitutional  authority  to 
decide  such  questions,  or  any  controversy  whatever,  that  arises  in 
this  province,  excepting  only  such  matters  as  are  reserved  in  the 
charter.  It  seems  a  great  absurdity,  that  when  a  dispute  arises 
between  the  Governor  and  the  House,  the  Governor  should  appeal 
to  his  Majesty  in  Council  to  decide  it.  Would  it  not  be  as  reason 
able  for  the  House  to  appeal  to  the  body^  of  their  constituents  to 
decide  it  ?  Whenever  a  dispute  has  arisen  within  the  realm,  be 
tween  the  Crown  and  the  two  Houses  of  Parliament,  or  either  of 
them,  was  it  ever  imagined  that  the  King,  in  his  Privy  Council, 
had  authority  to  decide  it  ?  However,  there  is  a  test,  a  standard 
common  to  all ;  we  mean  the  public  good.  But  your  Honor  must 
be  very  sensible,  that  the  illegality  of  holding  the  Court  in  any 
other  place  beside  the  town  of  Boston,  is  far  from  being  the  only 
$1 


242  MASSACHUSETTS    STATE    PAPERS. 

dispute  between  your  Honor  and  this  House.  We  contend,  that 
the  people  and  their  Representatives,  have  a  right  to  withstand  the 
abusive  exercise  of  a  legal  and  constitutional  prerogative  of  the 
Crown.  We  beg  leave  to  recite  to  your  Honor,  what  the  great 
Mr.  Locke  has  advanced  in  his  Treatise  of  Civil  Government, 
upon  the  like  prerogative  of  the  Cro\\2j  u  The  old  question,  says 
he,  will  be  asked  in  this  matter  of  prerogative,  who  shall  be  judge 
when  this  power  is  made  a  right  use  of?"  And  he  answers, 
"  between  an  executive  power  in  being  with  such  a  prerogative, 
and  a  legislative  that  depends  upon  his  will  for  their  convening, 
there  can  be  no  judge  upon  earth,  as  there  can  be  none  between 
the  legislative  and  the  people,  should  either  the  executive  or 
legislative,  when  they  have  got  the  power  in  their  hands,  design: 
or  go  about  to  enslave  or  destroy  them.  The  people  have  no  other 
remedy  in  this,  as  in  all  other  cases,  where  they  have  no  judge  on 
earth,  but  to  appeal  to  Heaven.  For  the  rulers,  in  such  attempts, 
exercising  a  power  the  people  never  put  into  their  hands,  (who 
can  never  be  supposed  to  consent,  that  any  body  should  rule  over 
them  for  their  harm,)  do  that  which  they  have  not  a  right  to  do. 
And,  when  the  body  of  the  people,  or  any  single  man,  is  deprived 
of  their  right,  or  under  the  exercise  of  a  power  without  right,  and 
have  no  appeal  on  earth,  then  they  have  a  liberty  to  appeal  to 
Heaven,  whenever  they  judge  the  cause  of  sufficient  moment. 
And,  therefore,  though  the  people  cannot  be  judge,  so  as  to  have, 
by  the  constitution  of  that  society,  any  superior  power  to  deter 
mine  and  give  effective  sentence  in  the  case  ;  yet  they  have,  by  a 
law,  antecedent  and  paramount  to  all  positive  laws  of  men,  re 
served  that  ultimate  determination  to  themselves,  which  belongs 
to  all  mankind,  where  there  lies  no  appeal  on  earth,  viz. :  to  judge 
jvj^ether  they  have  just  cause  to  make  their  appeal  to  Heaven." 
VX£e  would,  however,  by  no  means  be  understood  to  suggest,  that 
this  people  have  occasion  at  present  to  proceed  to  such  extremity?) 

Your  Honor  is  pleased  to  say,  "  that  the  House  of  Re*presenTa> 
tives,  in  the  year  1728,  did  not  think  the  form  of  the  writ  suffi 
cient  to  justify  them  in  refusing  to  do  business  at  Salem."  It  is 
true  they  did  not,  by  any  vote  or  resolve,  determine  not  to  do 
business :  yet  the  House,  as  we  read  in  your  Honor's  history, 
"  met,  and  adjourned  from  day  to  day,  without  doing  business ;" 
and  we  find  by  the  records,  that  from  the  31st  of  October,  1728, 
to  the  14th  of  December  following,  the  House  did  meetand  adjourn 
without  doing  business  ;  and  then  they  voted  to  proceed  to  the 
public  and  necessary  aifairs  of  the  province,  "  provided  no  advan 
tage  be  had  or  made,  for,  and  by  reason  of  the  aforesaid  removal, 
(meaning  the  removal  to  Salem,)  or  pleaded  as  a  precedent  for  the 
future."  Yet,  your  Honor  has  been  pleased  to  quote  the  conduct 
of  that  very  House,  as  a  precedent  for  our  imitation.  We  appre 
hend  their  proceeding  to  business,  and  the  consequences  of  it,  viz. : 
the  encouragement  it  gave  to  Governor  Burnet  to  go  on  with  his 


MASSACHUSETTS    STATE    PAPERS. 

design  of  harassing  them  into  unconstitutional  compliances,  and 
the  use  your  Honor  now  makes  of  it  as  an  authority  and  a  prece 
dent,  ought  to  be  a  warning  to  this  House,  to  make  a  determined 
and  effectual  stand.  Their  example,  though  respectable,  is  not 
obligatory  upon  this  House.  They  lived  in  times,  when  the  en 
croachments  of  despotism  were  in  their  infancy.  They  were  car 
ried  to  Salem  by  the  mere  caprice  of  Governor  Burnet,  who  never 
pleaded  an  instruction  for  doing  this— an  instruction,  from  a  Min 
istry,  who  had  before  treated  them  with  unexampled  indignity — an 
instruction,  which  they  were  not  permitted  to  see.  They  had  no 
reason  to  apprehend  a  fixed  design  to  alter  the  seat  of  government, 
to  their  great  inconvenience,  and  the  manifest  injury  of  the  pro 
vince. 

We  are  not  disposed  to  dispute  the  understanding,  integrity, 
families,  and  estates  of  the  Council,  in  1728.  We  believe  them 
to  have  been  such,  that  if  they  were  now  upon  the  stage,  they 
would  see  so  many  additional,  arid  more  weighty  reasons, 
against  proceeding  to  business,  out  of  Boston,  that  they  would  fully 
approve  of  the  resolution  of  this  House  5  as  well  as  of  what  has 
been  lately  advanced  by  their  successors,  who  are  also  gentlemen 
of  understanding,  integrity,  fortune,  and  family,  in  the  following 
words  :  "  Governor  Burnet's  conduct  in  convening  the  General 
Court  out  of  Boston,  cannot  be  deemed  an  acknowledged  or  con 
stitutional  precedent,  because,  it  was  not  founded  on  the  only  rea 
son  on  which  the  prerogative  of  the  Crown  can  be  justly  founded, 
the  good  of  the  community."  We  shall  only  add,  that  the  rights 
of  the  province  having  been,  of  late  years,  most  severely  attacked, 
has  induced  gentlemen  to  examine  the  constitution  more  thorough 
ly,  and  has  increased  their  zeal  in  its  defence. 

You  are  pleased  to  adduce  an  instance  in  1754,  in  addition  to 
that  in  1747,  which,  you  say,  "  makes  it  probable,  that  the  House 
of  Representatives  rather  chose  that  the  Court  should  sit  elsewhere, 
when  a  committee  was  chosen  to  consider  of,  and  report  a  proper 
place  for  a  Court  House,  at  a  distance  from  Boston."  We  beg 
leave  here  to  observe,  that  both  these  are  instances  of  the  House's 
interesting  themselves  in  this  affair,  which  your  Honor  now  claims 
as  a  prerogative.  If  the  House  were  in  no  case  to  have  a  voice,  or 
be  regarded,  in  choosing  a  place  to  hold  the  Court,  how  could  they 
think  of  holding  a  Court  in  a  place,  to  which  they  never  had  been, 
and  probably  never  would  be  called  ? 

While  the  House  have  been,  from  time  to  time,  holding  up  to 
view,  the  great  inconveniencies  and  manifest  injuries  resulting 
from  the  sitting  of  the  Assembly  at  Cambridge,  and  praying  a  re 
moval  to  Boston  ;  it  is  with  pain  that  they  have  heard  your  Honor, 
instead  of  pointing  out  any  one  good  purpose,  which  can  be  an 
swered  by  it,  replying,  that  your  instructions  will  not  permit  you 
to  remove  the  Court  to  Boston.  By  a  royal  grant  in  the  charter, 
hi  favor  of  the  Commons  of  this  province,  the  Governor  has  the  sole 


244  MASSACHUSETTS  STATE  PAPERS. 

power  of  adjourning,  proroguing,  and  dissolving  the  General 
Court :  and  the  wisdom  of  that  grant,  appears  in  this,  that  a  per 
son  residing  in  the  province,  must  be  a  more  competent  judge  of 
the  fitness  of  the  time,  and,  we  may  add,  the  place  ofhojding  the 
Court,  than  any  person  residing  in  Great  Britain.  £We  do  not 
deny,  that  there  may  be  instances,  when  the  Commander  in  Chief 
ought  to  obey  the  royal  instructions  :  and  should  we  also  admit, 
that  in  ordinary  cases  he  ought  to  obey  them,  respecting  the  con 
vening,  holding,  proroguing,  adjourning,  and  dissolving  the  Gen 
eral  Court,  notwithstanding  that  grant ;  yet  we  clearly  hold,  that 
whenever  instructions  cannot  be  complied  with,  without  injuring 
the  people,  they  cease  to  be  binding^  Any  other  supposition  would 
involve  this  absurdity  in  it,  that  a  substitute,  by  means  of  instruc 
tions  from  his  principal,  may  have  a  greater  power  than  the  prin 
cipal  himself;  or,  in  other  words,  that  a  Representative  of  a  King, 
who  can  do  no  wrong,  by  means  of  instructions,  may  obtain  a  right 
to  do  wrong :  for  that  the  prerogative  extends  not  to  do  any  in 
jury,  never  has  been,  and  never  can  be  denied.  Therefore,  this 
House  are  clearly  of  opinion,  that  your  Honor  is  under  no  obliga 
tion  to  hold  the  General  Court  at  Cambridge,  let  your  instructions 
be  conceived  in  terms  ever  so  peremptory,  inasmuch  as  it  is  in 
convenient  and  injurious  to  the  province.  As  to  your  commis 
sion,  it  is  certain,  that  no  clause  contained  in  that,  inconsistent 
with  the  charter,  can  be  binding.  To  suppose,  that  when  a  grant 
is  made  by  charter  in  favor  of  the  people,  instructions  shall  super 
sede  that  grant,  and  oblige  the  Governor  to  act  repugnant  to  it,  is 
vacating  the  charter  at  once,  by  the  breath  of  a  Minister  of  State. 
Your  Honor  thinks  you  may  safely  say,  "  there  is  not  one  of  us, 
who,  if  he  was  in  your  station,  would  venture  to  depart  from  the 
instructions."  As  you  had  not  the  least  shadow  of  evidence  to 
warrant  this,  we  are  sure  you  could  not  say  it  with  safety :  and 
we  leave  it  with  your  Honor  to  determine,  how  far  it  is  reconcile- 
able  with  delicacy,  to  suggest  it.  In  what  particulars,  the  holding 
the  General  Court  at  Cambridge,  is  injurious  to  us  and  the  pro 
vince,  has  already  been  declared  by  the  House^  and  must  be  too 
obvious  to  escape  your  Honor's  observation.  Qfet  you  are  pleased 
to  tell  us,  that  "  the  inconveniencies  can  easily  be  removed,  or, 
are  so  inconsiderable,  that  a  very  small  public  benefit  will  out 
weigh  them."  That  they  are  not  inconsiderable,  every  day's  ex 
perience  convinces  us;  nor  are  our  constituents  insensible  of  them. 
But  how  they  can  be  easily  removed,  we  cannot  conceive,  unless 
by  removing  the  Court  to  Boston.  Can  the  public  offices  and  re 
cords,  to  which  we  are  under  the  necessity  of  recurring,  almost 
every  hour,  with  any  safety  or  convenience  to  the  public,  be  re 
moved  to  Cambridge  ?  Will  our  constituents  consent  to  be  at  the 
expense  of  erecting  a  proper  house  at  Cambridge,  for  accommo 
dating  the  General  Court,  especially,  when  they  have  no  assurance 
that  the  next  freak  of  a  capricious  Minister  will  not  remove  the 


MASSACHUSETTS    STATE    PAPERS.  245 

Court  to  some  other  place  ?  Is  it  possible  to  have  that  communi 
cation  with  our  constituents,  or  to  be  benefittejL^v  the  reasonings 
of  the  people  without  doors  here,  as  at  Boston?]  We  cannot  but 
flatter  ourselves,  that  every  judicious  and  impartial  person  will 
allow,  that  the  holding  the  General  Court  at  Cambridge,  is  incon 
venient  and  hurtful  to  the  province  ;  nor  has  your  Honor  ever  yet 
attempted  to  show  a  single  instance,  in  which  the  province  can  be 
benefitted  by  it ;  no  good  purpose,  which  can  be  answered  by  it, 
has  ever  yet  been  suggested  by  any  one  to  this  House.  And  we 
have  the  utmost  confidence,  that  our  most  gracious  Sovereign  has 
no  desire  to  hold  the  General  Court  at  any  place  inconvenient  to 
its  Members,  or  injurious  to  the  province ;  but  rather,  that  he 
will  frown  upon  those,  who  have  procured  its  removal  to  such  a 
place,  or  persist  in  holding  it  there. 

We  are  not  indeed  sure,  that  the  Ministry  caused  the  Assembly 
to  be  removed  to  Cambridge,  in  order  to  worry  them  into  a  com 
pliance  with  any  arbitrary  mandate  to  the  ruin  of  our  own,  or 
our  constituents  liberties  5  but  we  know,  that  the  General  Assem 
bly  has  in  times  past,  been  treated  with  such  indignity  and  abuse, 
by  the  servants  of  the  Crown,  and  a  wicked  Ministry  may  attempt 
it  again. 

Your  Honor  observes,  that  "  the  same  exception  may  be  made 
to  the  use  of  every  other  part  of  the  prerogative,  for  every  part  is 
capable  of  abuse."  We  shall  never  except  to  the  proper  use  of 
the  prerogative — we  hold  it  sacred  as  the  liberty  of  the  subject. 
But  every  abuse  of  it  will  always  be  excepted  to,  so  long  as  the 
love  of  liberty,  or  any  public  virtue,  remains.  And  whenever  any 
other  part  of  the  prerogative  shall  be  abused,  the  House  will  not 
fail  to  judge  for  themselves,  of  the  grievance,  nor  to  exert  every 
power  with  which  the  constitution  hath  entrusted  them,  to  check 
the  abuse  of  it,  and  redress  the  grievance. 

The  House  had  expressed  to  your  Honor  their  apprehension  of 
a  fixed  design,  either  to  change  the  seat  of  government,  or  to  har 
ass  us,  in  order  to  bring  us  into  a  compliance  with  some  arbitrary 
mandate.  Your  Honor  says,  you  know  of  no  fixed  design  to  har 
ass  us,  &c.  Upon  which,  we  cannot  but  observe,  that  if  you  did 
not  know  of  a  fixed  design  to  change  the  seat  of  government,  you 
would  not  have  omitted  so  fair  an  opportunity  to  satisfy  the  minds 
of  the  House  in  a  matter  of  such  importance  to  the  province.  As 
to  vour  very  condescending  and  liberal  professions,  of  exercising 
patience  or  using  despatch,  as  would  be  most  agreeable  to  us,  we 
shall  be  very  much  obliged  to  your  Honor,  for  the  exercise  of  those 
virtues,  whenever  you  shall  see  cause  to  remove  us  to  our  ancient 
and  established  seat ;  but  these  professions  can  be  no  temptations 
to  us,  to  give  up  our  privileges. 

Your  Honor  is  pleased  to  say,  "  we  consider  the  charter  as  a 
compact  between  the  Crown  and  the  people  of  this  province. * 
And  to  ask  a  question,  "  shall  one  party  to  the  compact  be  held, 


246  MASSACHUSETTS  STATE  PAPERS. 

and  not  the  other  ?"_  It  is  true,  we  consider  the  charter  as  such 
a  compact,  and  agree  that  both  parties  are  held.  The  Crown  cove 
nants,  that  a  great  and  General  Court  shall  be  held  every  last 
Wednesday  in  May,  forever ;  the  Crown,  therefore,  doubtless  is 
bound  by  this  covenant.  But  we  utterly  deny,  that  the  people 
have  covenanted  to  grant  money,  or  to  do  business,  at  least  any 
other  business,  than  choosing  Officers  and  Counsellors  to  complete 
the  General  Court,  on  the  last  Wednesday  in  May,  or  any  other 
day  or  year  whatever ;  therefore,  this  House,  by  refusing  to  do 
business,  do  not  deprive  the  Crown  of  the  exercise  of  the  preroga 
tive,  nor  fail  of  performing  their  part  of  the  compact. 

Your  Honor  would,  doubtless,  have  been  culpable,  had  you  re 
fused  to  call  a  General  Court  on  the  last  Wednesday  in  May ;  and 
the  House  might  have  been  equally  culpable,  if  they  had  refused  to 
choose  a  Speaker  and  a  Clerk,  or  to  elect  Counsellors,  whereby  to 
complete  the  General  Court ;  for,  in  case  of  omission  in  either 
part,  a  question  might  arise,  whether  the  people  would  have  a  le 
gislative.  When  the  General  Assembly  is  thus  formed,  they  are 
empowered  by  the  charter  to  make,  ordain,  and  establish  all  man 
ner  of  wholesome  and  reasonable  orders,  laws,  statutes,  or  ordi 
nances,  directions  and  instructions,  either  with  penalties  or  with 
out.  But  the  charter  no  where  obliges  the  General  Court  to  make 
any  orders,  laws,  statutes,  or  ordinances,  unless  they,  at  that  time, 
judge  it  conducive  to  the  public  good  to  make  them  ;  much  less 
does  it  oblige  them  to  make  any  laws,  &c.  in  any  particular 
session,  year,  or  number  of  years,  whenever  they  themselves  shall 
judge  them  not  to  be  for  the  public  good.  Such  an  obligation 
would  not  leave  them  the  least  color  of  freedom,  but  reduce  them 
to  a  mere  machine  ;  to  the  state  the  Parliament  would  have  been 
in,  if  the  opinion  of  the  two  Chief  Justices  and  the  three  Puisne 
Judges  had  prevailed,  in  the  reign  of  Richard  the  Second,  "  that 
the  King  had  the  governance  of  Parliaments,  and  ma^  appoint  what 
shall  be  first  handled,  and  so  gradually  what  next,  in  all  matters 
to  be  treated  of  in  Parliament,  even  to  the  end  of  the  Parliament ; 
and  if  any  persons  shall  act  contrary  to  the  King's  pleasure  made 
known  therein,  they  are  to  be  punished  as  traitors ;"  for  which 
opinion,  those  five  Judges  had  judgment,  as  in  case  of  high  treason. 
Your  Honor  will  allow  us  to  ask,  whether  the  doctrine  contained 
in  your  question,  viz. :  "  if  you  should  refuse  to  do  business  now 
you  are  met,  would  you  not  deprive  the  Crown  of  the  exercise  of 
the  prerogative,  and  fail  of  performing  your  part  of  the  compact?" 
which  implies  a  strong  affirmation,  is  not  in  a  degree  the  very  doc 
trine  of  Chief  Justice  Tresilian,  and  the  four  other  Judges,  just 
now  mentioned  ?  By  convening,  in  obedience  to  his  Majesty's 
writ,  tested  by  your  Honor,  and  again,  at  the  time  to  which  we  are 
prorogued,  we  fully  have  submitted  to  the  prerogative,  and  per 
formed  our  part  of  the  compact. 

This  House  has  the  same  inherent  rights  in  this  province,  as  the 


MASSACHUSETTS    STATE    PAPERS.  24:7 

House  of  Commons  has  in  Great  Britain.  It  is  our  duty  to  pro 
cure  a  redress  of  grievances  5  and  we  may  constitutionally  refuse 
to  grant  our  constituents  money  to  the  Crown,  or  to  do  any  other 
act  of  government,  at  any  given  time,  that  is  not  affixed  by  charter, 
to  a  certain  day,  until  the  grievances  of  the  people  are  redressed. 
We  do  not  pretend  that  our  opinion  is  to  prevail  against  his  Ma 
jesty's  opinion  ;  we  never  shall  attempt  to  adjourn,  or  prorogue,  or 
dissolve  the  General  Court;  but,  we  do  hope,  that  our  opinion 
shall  prevail  against  any  opinion  whatever,  of  the  proper  time,  to 
make  laws  and  to  do  business.  And  by  exerting  this  power  which 
the  constitution  has  given  us,  we  hope  to  convince  your  Honor  and 
the  Ministry,  of  the  necessity  of  removing  the  Court  to  Boston. 

All  judicious  men  will  allow,  that  the  proper  time  for  the  House 
to  do  their  part  of  the  business  of  the  province,  is  for  the  House 
to  judge  of  and  determine.  The  House  think  it  is  not,  in  the  pre 
sent  circumstances  of  the  province,  a  proper  time  to  do  the  busi 
ness,  while  the  Court  is  constrained  to  hold  their  session  out  of 
Boston.  Your  Honor  is  of  a  different  opinion.  We  have  con 
formed  to  this  opinion,  as  far  as  the  constitution  requires  us,  and 
now  our  right  of  judging  commences.  If  your  Honor's,  or  even 
his  Majesty's  opinion,  concerning  this  point,  is  to  prevail  against 
the  opinion  of  the  House,  why  may  not  the  Crown,  according  to 
the  Tresilian  doctrine,  as  well  prescribe  and  require  what  business 
we  shall  do,  and  in  what  order. 

The  House  are  still  ready  to  answer  for  the  ill  consequences 
which  can  be  justly  attributed  to  them  ;  nor  are  they  sensible  of 
any  danger,  from  exerting  the  power  which  the  charter  has  given 
them,  of  doing  their  part  of  the  business  in  their  own  time.  That 
the  province  has  enemies,  who  are  continually  defaming  it  and  then? 
charter,  is  certain  ;  that  there  are  persons  who  are  endeavoring  to 
intimidate  the  province,  from  asserting  and  vindicating  their  just 
rights  and  liberties,  by  insinuations  of  danger  to  the  constitution, 
is  also  indisputable.  But  no  instance  happened,  even  in  the  exe 
crable  reign  of  the  worst  of  the  Stuart  race,  of  a  forfeiture  of  a 
charter,  because  any  one  branch  of  a  legislative,  or  even  because 
the  whole  government  under  that  charter,  refused  to  do  business, 
at  a  particular  time,  under  grievous  circumstances  of  ignominy, 
disgrace,  and  insult ;  and  when^heir  charter  had  explicitly  given 
to  that  government  the  sole  powei^o/  judging  of  the  proper  season 
and  occasion  of  doing  business.  (We  are  obliged,  at  this  time,  to 
struggle  with  all  the  powers  with  which  the  constitution  has  fur 
nished  us,  in  defence  of  our  rights  ;  to  prevent  the  most  valuable 
of  our  liberties  from  being  wrested  from  us,  by  the  subtle  machi 
nations  and  daring  encroachments  of  wicked  Ministers.  We  have 
seen,  of  late,  innumerable  encroachments  on  our  charter  :  Courts 
of  Admiralty,  extended  from  the  high  seas,  where,  by  the  compact 
in  the  charter,  they  are  confined,  to  numberless  important  causes 
upon  land  ;  multitudes  of  civil  officers,  the  appointment  of  all 
which,  is,  by  charter,  confioed  to  the  Governor  and  Council,  sent 


248  MASSACHUSETTS    STATE    PAPERS. 

here  from  abroad  by  the  Ministry ;  a  revenue,  not  granted  by  us, 
but  torn  from  us  5  armies  stationed  here  without  our  consent ;  and 
the  streets  of  our  metropolis  crimsoned  with  the  blood  of  our  fellow- 
subjects.  These,  and  other  grievances  and  cruelties,  too  many  to 
be  here  enumerated,  and  too  melancholy  to  be  much  longer  borne 
by  this  injured  people,  we  have  seen  brought  upon  us,  by  the  de 
vices  of  Ministers  of  State ;  we  have  seen  and  heard  of  late, 
instructions  to  Governors,  which  threaten  to  destroy  all  the  remain 
ing  privileges  of  our  charter.  In  June,  1768,  the  House,  by  an 
instruction,  were  ordered  to  rescind  an  excellent  resolution  of  a 
former  House,  on  pain  of  dissolution ;  they  refused  to  comply  with 
so  impudent  a  mandate,  and  were  dissolved  ;  and  the  Governor, 
though  repeatedly  requested,  and  although  the  exigencies  of  the 
province  demanded  a  General  Assembly,  refused  to  call  a  new  one, 
until  the  following  May.  In  the  last  year,  the  General  Court  was 
forced  to  give  way  to  regular  troops,  illegally  quartered  in  the 
town  of  Boston,  in  consequence  of  instructions  to  Crown  Officers ; 
and  whose  main  guard  was  most  daringly  and  insultingly  placed  at 
the  door  of  the  State  House ;  and  afterwards  they  were  constrained 
to  hold  their  session  at  Cambridge  ;  the  present  year,  the  Assem 
bly  is  summoned  to  meet,  and  is  still  continued  there  in  a  kind 
of  duress,  without  any  reason,  that  can  be  given — any  motive 
whatever,  that  is  not  as  great  an  insult  to  them  and  breach  of  their 
privilege,  as  any  of  the  foregoing.  Are  these  things  consistent 
with  the  freedom  of  the  House  ;  or,  could  the  General  Court's 
tamely  submitting  to  such  usage,  be  thought  to  promote  his  Ma 
jesty's  service  ?  Should  these  struggles  of  the  House  prove  un 
fortunate  and  ineffectual,  this  province  will  submit,  with  pious 
resignation,  to  the  will  of  Providence  ;  but  it  will  be  a  kind  of 
suicide,  of  which  we  have  the  utmost  horror,  thus  to  be  the  instru 
ments  of  our  own  servitude^ 

We  beg  leave,  before  we  conclude,  to  make  one  remark  on  what 
you  say,  that  "  our  compliance  can  be  of  no  benefit  to  our  Sove 
reign,  any  further,  than  as  he  interests  himself  in  the  happiness  of 
his  subjects." 

We  are  apprehensive  that  the  world  may  take  this  for  an  insin 
uation  very  much  to  our  dishonor,  as  if  the  benefit  of  our  Sove 
reign  is  a  motive  in  our  minds  against  a  compliance.  But  as  this 
imputation  would  be  extremely  unjust,  so  we  hope,  it  was  not  in 
tended  by  your  Honor.  We  are  obliged,  however,  in  justice  to 
ourselves  and  constituents,  to  declare,  that,  if  we  had  reason  to 
believe  that  a  compliance  would  be  any,  the  least  benefit  to  our 
Sovereign,  it  would  be  a  very  powerful  argument  with  us  ;  but,  we 
are,  on  the  contrary,  fully  persuaded,  that  a  compliance,  at  present, 
would  be  very  injurious  and  detrimental  to  his  Majesty's  service. 

[The  committee  who  prepared  the  above,  were,  Mr.  Hancock, 
Maj.  Hawley,  Mr.  S.  Adams,  Mr.  J.  Adams,  Capt.  Denny,  and 
Maj.  Galiison.] 


MASSACHUSETTS    S11ATE    PAPERS.  249 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
AUGUST  3,  1770. 

Gentlemen  of  the  House  of  Representatives, 

You  have  sent  me  a  message,  in  which  you  profess  to  make  a 
few  observations  upon  some  "  specious"  things  contained  in  my 
speech  to  the  Council  and  House,  which,  you  say,  may  have  a  ten 
dency  to  make  an  unhappy  impression  upon  some  minds. 

I  shall  make  some  general  remarks  upon  your  message,  not 
from  any  expectation  of  prevailing  with  you,  at  this  time,  to  alter 
resolutions  which  you  have  come  into,  but  from  a  desire  to  con 
vince  the  good  people  you  represent,  that  your  reasons  for  re 
fusing  to  proceed  to  business,  are  very  insufficient. 

You  make  a  doubt,  whether  it  is,  or  ever  was,  his  Majesty's 
pleasure,  that  the  Court  should  meet  at  Cambridge.  I  have  no 
doubt  of  it.  You  give  this  reason  for  your  doubt,  that  my  orders 
are  not  communicated  to  you.  I  know  it  to  be  his  Majesty's 

Pleasure,  that  I  should  not  communicate  them ;  and  the  restraint 
am  under,  appears  to  me  to  be  founded  in  wise  reasons.  You 
speak  of  times,  when  there  has  been  a  corrupt  and  profligate  ad 
ministration — of  daring  encroachments  of  wicked  Ministers — of 
devices  of  Ministers  of  State ;  and  you  suppose  instructions  to 
Governors,  to  be  acts  of  Ministers,  and  not  of  the  King ;  particu 
larly,  you  call  an  instruction  in  June,  1768,  an  impudent  mandate. 
It  may  not  be  presumed  you  would  have  done  this,  had  you  known 
it  to  be  an  order  from  his  Majesty.  I  wish,  however,  that  you  had 
spared  this  coarse  and  indecent  epithet. 

I  cannot  help  observing  to  you,  that  you  have  no  sufficient 
grounds  to  suppose  instructions  to  be  the  acts  of  the  Minister,  and 
not  of  the  King.  I  know  of  no  ministerial  mandate,  or  instruc 
tions.  The  affairs  of  America,  and  of  this  province  in  particular, 
are  become  too  serious  to  escape  his  Majesty's  immediate  atten 
tion  ;  and  your  message,  which  I  am  now  answering,  will  be  laid 
before  his  Majesty,  immediately  upon  its  being  received  by  his 
Secretary  of  State  ;  who,  by  virtue  of  his  office,  has  free  access, 
and  who  receives  the  signification  of  his  Majesty's  pleasure,  and 
will  give  no  directions,  but  such  as  he  knows  to  be  agreeable 
thereto  ;  and  every  order  from  the  Secretary  of  State,  must  be 
supposed  to  come  immediately  from  the  Crown,  and  ought  not  to 
be  treated  with  indignity  and  contempt. 

The  freedom  you  have  used  with  the  characters  of  the  Attorney 

and  Solicitor  General,  will,  I  fear,  likewise  bring  dishonor  upon 

you.    Those  offices,  for  more  than  fifty  years  past,  have  been  filled, 

in  almost  every  instance,  with  persons  of  the  highest  respectabil- 

32 


250  MASSACHUSETTS  STATE  PAPERS. 

ity  for  learning  and  integrity,  and  many  of  them  have  been  ad 
vanced  to  the  first  stations  in  the  courts  of  law  and  equity,  which 
are,  and  have  been,  for  years  past,  the  ornament  and  glory  of  the 
English  nation.  Although  you  do  not  think  the  opinion  of  the 
Attorney  and  Solicitor  General,  in  the  case  in  dispute  between 
us,  nor  the  confirmation  of  such  opinion  by  the  King,  in  Council, 
to  be  any  authority  for  you,  yet  I  must  govern  myself  thereby,  un 
til  I  have  better  reasons  against  it,  than  any  you  have  given  in 
your  message. 

Your  quotation  from  Mr.  Locke,  detached  as  it  is  from  the  rest 
of  the  treatise,  cannot  be  applied  to  your  case.  I  know  of  no  at 
tempts  to  enslave  or  destroy  you  ;  and,  as  you  very  prudently 
would  not  be  understood  to  suggest  that  this  people  have  occasion, 
at  present,  to  proceed  to  such  extremities  as  to  appeal  to  heaven, 
[  am  at  a  loss  to  conceive  for  what  good  purpose  you  adduce  it. 

You  find  nothing  in  your  records,  which  does  not  agree  with 
what  I  have  said,  of  the  proceedings  of  the  House,  at  Salem,  in 
Governor  Burnet's  administration,  nor  did  I  cite  the  instance  for 
any  other  purpose,  than  to  show,  that  they  were  very  careful  to 
avoid  a  resolution,  which  you,  as  I  think,  too  suddenly  came  into  ; 
nor  does  my  speaking  respectfully  of  the  Council  of  that  day,  les 
sen  the  Council  of  the  present  day,  who,  although  they  have  dis 
covered  a  desire  in  their  messages  to  me,  that  the  Court  should  be 
removed  to  Boston,  yet,  they  declare,  that  they  never  refused  to 
do  business  at  Cambridge,  and  I  have  now  no  doubt,  that  if  you 
had  done  your  part  of  the  public  business,  they  would  have  joined 
and  done  their  part  also. 

From  the  appointment  of  a  committee  by  the  House,  in  1754, 
to  consider  of  a  proper  place  to  build  another  Court  House,  you 
infer,  that  the  House  was  to  have  a  voice  in  determining  the  place 
where  the  Court  should  meet.  You  are  very  sensible,  that  a  vote, 
for  building  a  Court  House,  which  incurs  expense  upon  the  people, 
must,  by  the  constitution,  originate  with  the  House  of  Representa 
tives.  If  one,  or  divers  other  Court  Houses,  besides  that  in  Boston, 
had  been  built,  the  Governor's  right  to  call  the  Court  to  which  he 
pleased,  or  to  any  other  place,  remained  inviolate ;  the  votes  of 
the  Representatives,  for  building  a  Court  House,  notwithstanding. 

You  then  proceed  to  call  in  question  my  obligation,  or  right,  to 
observe  my  instructions.  And  you  say,  that  by  a  royal  grant  in 
the  charter,  in  favor  of  the  Commons  of  the  province,  the  Governor 
has  the  sole  power  of  adjourning,  proroguing,  and  dissolving  the 
General  Court ;  and  you  think  it  discovers  the  wisdom  of  the  grant, 
because  a  person  residing  in  the  province,  is  a  more  competent 
judge  of  the  fitness  of  the  time  and  place  of  holding  the  Court, 
than  any  person  residing  in  Great  Britain,  and  a  grant  thus  made 
in  favor  of  the  people,  cannot  be  superseded  by  instructions,  with 
out  vacating  the  charter  by  the  breath  of  a  Minister  of  State. 

Your  making  use  of  the  word  sole,  instead  ef  full  5  the  word  in 


MASSACHUSETTS  STATE  PAPERS.  251 

the  charter,  must  proceed  from  inattention.  I  must  observe  to  you, 
that  many  cases  may  happen,  to  make  it  necessary  to  alter  the 
place  of  holding  the  Court,  which  a  person  in  Great  Britain  may 
as  well  judge  of,  as  one  who  is  upon  the  spot,  and,  perhaps,  the 
present  case  is  such  an  one.  But,  where  you  find  that  the  power 
of  adjourning,  proroguing,  and  dissolving  the  Court,  was  granted 
to  the  Governor  in  favor  of  the  Commons,  I  am  utterly  at  a  loss. 
The  charter  is,  undoubtedly,  a  royal  grant,  in  favor  to  the  people 
of  the  province,  of  every  order.  They  were  at  the  time  of  the  grant, 
living  in  the  colony,  under  a  form  of  government,  which  would  not 
admit  of  an  adjournment,  prorogation,  or  dissolution  of  the  Gene 
ral  Court,  without  the  act  or  consent  of  the  Council  and  Repre 
sentatives.  They  were  soliciting,  by  their  agents,  a  confirmation 
of  their  privileges.  The  King  determines,  that,  for  the  future,  the 
Governor  should  have  the  full,  or  sole  power,  if  you  choose  it,  of 
adjourning,  proroguing,  and  dissolving  the  General  Court.  Is  it 
not  very  extraordinary,  that  the  Representatives  should  now  as 
sert,  that  depriving  them  of  a  share  in  this  power,  and  confining  it 
to  the  Governor  alone,  was  a  grant  in  favor  of  the  Commons  ?  The 
Governor,  under  the  old  form,  had  no  negative  in  any  case;  but  now, 
no  acts  of  Council  or  Assembly  are  valid,  to  which  he  denies  his 
consent.  May  it  not,  with  equal  reason,  be  said,  that  this  power 
was  also  reserved  to  the  Governor  in  favor  of  the  Commons  ?  It 
is  very  certain,  that  unless  it  be  so,  there  will  be  no  supporting  the 
doctrine,  that  the  Crown  has  divested  itself  of  its  right  of  control- 
ing  the  Governor. 

You  are  sensible  that  this  can  hardly  be  supported,  for  you  allow 
that,  in  some  cases,  instructions  may  be  binding,  and  you  do  not 
seem  very  averse  from  admitting  that  in  ordinary  cases,  notwith 
standing  this  singular  grant  in  favor  of  the  Commons,  that  the  Com 
mander  in  Chief  ought  to  obey  instructions  respecting  the  conven 
ing  and  holding  the  Court,  but  you  are  clear  that,  when  they  can 
not  be  complied  with,  without  injuring  the  people,  they  cease  to  be 
binding,  otherwise  the  Representative  of  a  King,  who  can  do  no 
wrong,  by  means  of  instructions,  may  obtain  a  right  to  do  wrong., 

I  am  not  contending,  gentlemen,  for  a  right  to  do  wrong,  and  jfl 
am  very  willing  to  understand  the  maxim,  that  the  King  can  do 
no  wrong,  in  the  commonly  received  sense  of  it,  that  his  servants 
alone  shall  be  punished  for  the  wrong  they  do,  and  not  avail  them 
selves  of  a  royal  order,  or  instruction,  for  their  justification ;  and  if 
I  was  convinced,  that  removing  the  Court  from  Boston,  was  an  en 
croachment  upon  your  natural  or  constitutional  rights,  I  would 
not  urge  my  commission  or  instructions,  to  justify  the  doing  it; 
but  I  must  make  my  own  reason  and  judgment  my  rule,  and  not 
yours  ;  and  until  I  am  convinced  of  the  encroachment,  must  con-, 
form  to  my  instructions.  "*"""'* 

You  think  I  ought  not  to  have  deemed  the  inconveniencies  of 
your  sitting  out  of  Boston,  inconsiderable ;  or,  that  they  can  easily 


MASSACHUSETTS  STATE  PAPERS. 

be  removed;  and  you  ask  me,  if  the  public  offices  and  records  can, 
with  safety  or  convenience,  be  removed  to  Cambridge  ?  I  think 
the  expense  of  one  or  two  days  wages  of  the  Members,  would  have 
removed  all  that  are  necessary,  to  Cambridge,  and  kept  them 
there-with  safety  and  convenience,  the  whole  session  ;  and,  if  we 
may  judge  from  the  sessions  at  Concord,  you  would  do  your  busi 
ness  with  so  much  greater  despatch  at  Cambridge,  than  at  Boston, 
as  to  shorten  the  session  more  than  two  days.  You  ask,  whether  I 
think  your  constituents  would  be  at  the  expense  of  building  a 
Court  House  at  Cambridge  ?  I  am  not  certain,  what  their  present 
disposition  is,  but  I  know  there  is  no  necessity  for  it;  you  have  the 
use  of  a  very  commodious  room,  without  any  inconvenience  to  the 
College,  in  this  time  of  vacation  ;  and,  if  you  think  the  benefit 
which  the  students  receive  by  attending  your  debates,  is  not  equal 
to  what  they  may  gain  in  their  studies,  they  may  easily  be  restrain 
ed,  and  then  your  sitting  in  the  College,  will  be  little  or  no  incon 
venience  at  any  other  time.  You  add,  is  it  possible  to  have  that 
communication  with  our  constituents,  or  to  be  benefitted  by  the 
reasoning  of  the  people  without  doors,  in  Cambridge,  as  at  Boston  ? 
In  whatever  town  the  Court  shall  sit,  the  Representatives  of  that 
town,  must  have  opportunity  beyond  the  rest  of  the  House,  for 
consulting  their  constituents  ;  the  consulting  of  a  transient  person 
passing  through  any  town,  cannot  afford  any  great  advantage,  nor 
ought,  constitutionally,  the  opinion  of  such  persons  to  have  any 
influence  upon  your  votes  and  determinations ;  for,  if  I  have  any 
just  idea  of  a  House  of  Representatives,  in  the  English  constitu 
tion,  you  are  sent  by  your  constituents,  to  assemble  together,  that 
they  may  have  the  benefit  of  your  reasoning  within  doors,  and  not 
the  reasoning  of  any  particular  town  or  person,  without  doors. 

Because,  when  I  told  you  I  knew  of  no  fixed  design  to  harass 
you,  I  did  not  add,  nor  to  change  the  seat  of  government,  you  de 
termine  that  I  am  privy  to  such  a  design;  but  E  am  not.  If  there 
be  any  such  design,  I  think,  your  proceeding  to  business  at  this 
time,  would  have  the  best  tendency  of  any  thing  in  your  pov/er,  to 
cause  it  to  be  laid  aside. 

You  allow  that  the  charter  is  a  compact,  and  that  both  parties 
are  held ;  but  you  say  the  people  never  covenanted  to  grant  money, 
or  to  do  any  business,  except  choosing  Officers  and  Counsellors,  to 
complete  the  General  Court,  on  any  day  or  year  whatsoever.  I 
never  said  they  did.  I  never  had  the  least  dispute  with  you,  ex 
cept  upon  the  place  of  your  meeting.  The  time,  there  has  been 
no  exception  to.  It  has  been  a  matter  of  indifference  to  me  per 
sonally.  I  have  endeavored  to  find  out  when  it  would  be  most 
convenient  for  you,  that  I  might  oblige  you ;  and  the  business  of 
the  Court,  I  have  left  to  you  to  arrange  and  act  upon,  when,  and  in 
what  order,  you  thought  proper. 

In  my  speech  to  you,  I  ask  you,  if  you  had  refused  to  meet,  or 
should  refuse  to  do  business,  now  you  are  met,  would  you  not  de- 


MASSACHUSETTS  STATE  PAPERS.  253 

f)rive  the  Crown  of  the  exercise  of  the  prerogative,  and  fail  of  per 
forming  your  part  of  the  compact  ?  Without  the  least  color  for  it, 
you  make  a  forced,  unnatural  construction  of  my  words,  and  deter 
mine  that  lam  directing  the  several  parts  of  the  business  yon  shall 
do,  and  the  time  of  doing  them,  and  that  I  hold  the  doctrine  of 
Tresilian  in  degree,  "  that  the  King  hath  the  government  of  Par 
liament,  and  may  appoint  what  shall  be  first  handled,  and  so  grad 
ually,  what  next  in  all  matters  to  be  treated  of  in  Parliament,  even 
to  the  end  of  Parliament ;  and  if  any  person  shall  act  contrary  to 
the  King's  pleasure,  made  known  therein,  they  are  to  be  punished 
as  traitors."  1  have  ever  treated  your  messages  with  the  utmost 
fairness.  I  have  passed  over,  in  silence,  many  passages  in  them, 
extremely  exceptionable,  and,  in  return,  you  have  wrested  my  ex 
pressions  to  a  sense,  in  which  no  man  alive,  could  suppose,  I  in 
tended  them.  Had  Tresilian  advanced  no  more  than  I  have  done, 
he  would  never  have  met  with  any  blame.  Had  he  only  asserted 
that  the  King,  by  virtue  of  his  prerogative,  had  a  right  to  assem 
ble  the  Parliament,  at  such  time  and  place,  as  he  thought  proper, 
and  that  if  the  Commons  should  refuse  to  assemble  or  to  do  the 
necessary  business  of  the  kingdom,  when  they  were  assembled, 
they  would,  upon  the  principles  of  the  English  constitution,  fail  of 
performing  what  was  incumbent  on  them,  he  would  never  have 
been  called  in  question  for  his  doctrine  ;  and  yet  this  is  all  I  have 
said  to  you.  I  am  willing  to  attribute  this  injurious  treatment  to 
inadvertence  in  the  body  of  the  House,  by  their  passing  upon  so 
long  and  important  a  message,  and  which  the  committee  took  so 
many  days  to  prepare,  with  so  little  debate  after  it  was  reported. 
After  ail  your  objections,  you  tell  me  that  you  did  convene,  in 
obedience  to  his  Majesty's  writ ;  that  you  met  again,  at  the  time 
to  which  you  stood  prorogued ;  that  you  conformed  to  my  opin 
ion,  so  far  as  the  constitution  requires  you  ;  and  now  your  right 
of  judging  commences.  Consider,  then,  how  the  case  now  stands. 
You  are  held,  by  the  constitution,  to  convene  at  a  time  and  place 
appointed,  but  you  are  under  no  obligations  to  do  any  business, 
except  at  such  times  as  you  think  proper  ;  and,  if  you  do  not  like 
the  place,  you  will  exercise  your  right,  and  determine  it  is  not  a 
proper  time.  Can  any  thing  render  the  prerogative  more  futile  ? 
Let  me  ask  you,  whether,  if  your  agents,  when  they  were  solicit 
ing  the  charter,  had  been  held  to  say,  how  far  they  acknowledged 
his  Majesty's  prerogative  to  convene  the  Court,  at  such  time  and 
place  as  he  thought  proper ;  and  they  had  replied  that  they  ac 
knowledged  it  with  this  reserve,  that  the  House  of  Representatives 
should  be  at  liberty  to  refuse  to  do  business,  until  the  Court  should 
be  removed  to  such'place  as  they  thought  proper,  you  imagine  the 
charter  would  have  passed  the  seals  ?  Neither  your  more  thorough 
examination  of  the  constitution,  nor  your  extraordinary  zeal  for 
its  defence,  of  which  you  speak,  can  alter  the  original  frame  and 
intention. 


MASS  A  i'H  i  >rvr>  -TATE  PAFV 

Your  main  reserve,  it"  it  could  be  admitted,  that  whensoever  the 
prerogative  shall  be  exercised  in  a  manner  not  for  the  public  good, 
of  which  you  are  to  be  judges,  it  ceases  to  be  a  prerogative,  is  un 
answerable.  In  all  controversies,  as  soon  as  one  party  is  allowed 
to  be  the  sole  judge,  the  knot  is  cut,  and  there  must  be  an  end  ot 
strife.  But  to  this  I  spoke  fully  at  opening  the  session. 

You  are  still  ready  »•  to  answer  tor  all  the  ill  consequences 
which  can  justly  be  attributed  to  you."  The  dangers  may  be  irre- 
pairable,  and  it  may  be  out  of  your  power  to  compensate  them. 
The  people  will  then  see  what  was  their  real  interest ;  but  they 
will  see  it  too  late. 

I  cannot  omit  taking  notice  of  a  remark,  at  the  close  of  your 
message,  upon  an  observation  I  made,  that  4*  your  compliance 
could  be  no  benefit  to  his  Majesty."  I  had  no  other  intention, 
than  to  express  my  sense,  that  the  people  solely  can  be  aflected  by 
your  refusal  to  do  business.  You  had  no  room"  to  suppose,  that  I 
intended  by  it,  to  set  you  in  an  unfavorable  light,  as  uisaftected  to 
his  Majesty,  and  so  induced  to  a  non-compliance  with  his  royal 
pleasure. 

The  remaining  parts  of  your  message,  having  no  immediate  re 
lation  to  this  controversy,  but  respecting  matters  which  concern 
the  colonies  in  general,  and  the  authority  of  the  Supreme  Legisla 
ture,  npon  which,  in  language  very  mucn  the  same,  the  House  of 
Representatives  have  repeafedlv  enlarged,  which  has,  from  time 
to  time,  been  transmitted  to  be  laid  before  his  Majesty,  I  will 
make  no  reply  to  them,  for  I  have  no  inclination  to  multiply  con 
troversies  with  you  :  and  those  subjects  have  been  so  fully  dis 
cussed,  that  it  is  not  probable,  you  or  I  shall  be  able  to  cast  any 
new  light  upon  them. 

I  called  you  together,  that  you  might  further  consider  what, 
by  the  constitution,  as  appeared  to  me,  it  was  your  duty  to  do, 
and  to  give  you  an  opportunity  of  doi^g  it.  You  came,  very  soon, 
to  a  resolution  to  do  no  business.  If  you  had  stopped  tRere,  I 
should  have  prorogued  you,  without  much  delay  :  for  I  have  no 
intention  to  compel  you  to  any  measure  by  duress,  nor  to  cause 
any  unnecessary  charge  upon  the  people  ;  but  you  appointed  a 
committee  to  answer  my  speech,  which  answer  I  did  not  receive 
until  the  eighth  day  alter  the  meeting  of  the  Court.  I  have  taken 
one  dav  only  for  my  reply,  and  shall  now  order  a  further  proroga 
tion.  It  will  be  happy  for  the  province,  if,  when  you  again  as 
semble,  you  can  join  with  me  in  what  is  necessary  for  its  real  in 
terest.  T.  HUTCHENSON, 

[The  Court  was  then  prorogued  by  the  Secretary,  to  Septem 
ber  £0th,  to  meet  in  the  College  Chapel,  in  Cambridge. — Some 
apology,  perhaps,  is  necessary,  for  giving  in  this  volume,  all  the 
speeches  and  messages  of  the  Lieutenant  Governor,  and  the  mes- 
I  and  resolutions,  &c.  of  the  House  of  Representatives,  and  of 


255 

the  Council,  respecting  the  convening  and  holding  of  the  General 
Court  at  Cambridge.  Thin  has  been  done  in  conformity  to  the 
advice  of  the  highly  respectable  personage,  who  was  consulted  on 
the  subject,  and  who  approved  of  this  publication  5  and  the  Kdi- 
tor  feels  a  confidence,  that  the  papers  relating  to  this  controversy, 
will  be  read  with  interest,  by  those  who  wish  to  know  all  the  pro 
ceedings  of  the  patriots  of  that  eventful  period.  These  documents 
are,  likewise,  such  as  were  promised  in  the  proposals  for  this  vol 
ume,  and  serve  to  exhibit  the  characters  and  principles  of  the  men, 
who  stood  forth  in  opposition  to  the  arbitrary  assumptions  of  the 
British  Ministry.] 


SPEECH 

OF  THE  LIEUTENANT  GOVERNOR  TO  THE  COUNCIL  AND  HOUSE  OF  REPRE> 
SENTATIVES,  SEPTEMBER  27,  1770.* 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

IT  is  now  become,  in  several  respects,  more  necessary  for  the 
General  Court  to  proceed  upon  the  business  of  the  province,  than 
it  was  when  I  met  you  in  your  two  last  sessions.  Many  of  our 
laws,  which  have  been  of  great  utility,  are  expired  ;  some  for  the 
punishment  of  criminal  offences  ;  others  which  affect  the  course  of 
our  judicial  proceedings  ;  and  the  people  call  for  the  revival  of 
them.  There  are  other  affairs  depending,  of  a  very  interesting 
nature,  which  had  not  then  come  to  our  knowledge,  and  which  may 
be  determined,  before  we  can  have  another  opportunity  of  acting 
upon  them.  The  Council  thought  it  not  advisable  for  me  to  pro 
rogue  the  Court  to  a  further  time.  Their  opinion  and  advice, 
which  always  have  weight  with  me,  induced  rne  to  call  you  to 
gether  rather  sooner  than  I  had  before  intended.  -^ 
Pursuant  to  my  instructions,  and  the  established  practice,  I\ 
caused  the  acts  and  doings  of  the  General  Court,  at  the  session  in 
March  last,  to  be  transmitted  to  England,  by  the  first  opportunity. 
Particular  notice  has  been  taken  of  a  grant,  made  in  that  session, 
to  a  number  of  persons,  who  had  settled  u;,on  lands  in  the  eastern 
part  of  the  province ;  and,  it  appearing  that  other  persons  had  also 
began  settlements  eastward  of  Sagadahock,  some  under  color  of 
grants  from  the  General  Court,  notwithstanding  that,  by  the  ex«\ 

*  A  committee  had  waited  on  the  Lieutenant  Governor,  to  inform  him,  that  a  quortTm  of 
the  House  of  Representatives  had  met,  and  were  desirous  he  would  retri<A"e  the  General 
Conn  to  its  ancient  and  legal  seat,  the  Town  House,  in  Boston. 


256  MASSACHUSETTS  STATE  PAPEHL9. 

press  terms  of  the  charter,  such  grants  are  of  no  force,  validity,  or 
effect,  until  approved  by  the  Crown ;  others,  without  any  color  of 
grant  or  title  whatsoever.  These  settlements  are  deemed  of  great 
importance  in  various  lights,  but  in  none  more  so,  than  in  that  of 
the  encouragement  they  have  given  to  the  waste  and  destruction 
of  the  King's  timber,  which  is  a  matter  of  the  most  serious  con 
sideration,  in  respect  of  the  naval  strength  of  the  kingdom.  It  is 
made  my  duty  to  inform  you,  that,  as  the  remedy  for  this  great 
mischief,  ought  properly,  and  can  only  effectually  come  from  the 
province  within  whose  jurisdiction  the  lands  lie,  it  is  expected  all 
trespassers  should  be  prosecuted;  and  lam  further  to  inform  you, 
that  the  neglecting  to  exert  every  legal  means  to  remove  and  pre 
vent  all  unwarrantable  intrusions,  will  be  imputed  as  a  default, 
for  which  the  province  will  stand  responsifilej  From  a  sense  of 
my  duty  to  the  King,  and  from  regard  to  the  interest  of  the  pro 
vince,  I  must  desire  you  to  take  this  affair  into  your  consideration, 
and  do  what  is  necessary  on  your  part.  I  will  assist  and  concur 
with  you,  to  the  utmost  of  my  power. 

Gentlemen  of  the  House  of  Representatives, 

In  order  to  conform  to  the  laws  of  the  province,  and  to  maintain 
the  public  faith,  it  was  necessary  the  Treasurer  should  issue  his 
warrants,  for  the  assessment  of  the  whole  province  debt,  in  the 
Current  year.  If  these  warrants  have  not  been  so  far  executed  as 
to  render  any  alteration  impracticable,  and  you  shall  be  of  opinion, 
that  the  burden  will  be  too  great  for  the  people  to  bear,  I  am  wil 
ling  to  consent  to  an  act  for  affording  the  necessary  relief,  by  eas 
ing  the  present  year  of  part  of  this  tax,  and  charging  the  same  sum 
upon  a  future  year. 

A  state  of  the  treasury  will  be  laid  before  you,  by  which  it  will 
appear,  that  a  supply  will  be  necessary.  Some  appropriations  are 
quite  exhausted. 

His  Majesty  having  thought  fit  to  order  that  the  garrison  of 
Castle  William,  in  the  pay  of  the  province,  should  be  withdrawn, 
and  that  this  fortress  should  be  garrisoned  by  his  Majesty's  regu 
lar  forces,  I  am  prevented  from  desiring  you  to  make  the  usual 
establishment.  The  last  establishment  expired  the  20th  day  of 
June  last.  I  know  you  did  not  expect  I  should  then  dismiss  the 
officers  and  men.  I  must  now  desire  you  to  continue  their  pay 
and  subsistence  from  the  expiration  of  the  establishment;  and,  as 
they  are  discharged  at  a  season  of  the  year  when  it  will  be  difficult 
for  them  to  find  employ,  I  could  wish  that  the  continuance  might 
extend,  at  least,  to  the  20th  of  November,  the  usual  time  of  mak 
ing  up  the  roll.  It  is  no  more  than  justice  to  the  garrison  to  say, 
they  have  behaved  well,  and  have  some  claim  to  favor. 

The  establishment  for  Fort  Pownall  being  also  expired,  I  must 
recommend  to  you  to  provide  for  the  revival  and  continuance  of  it. 


MASSACHUSETTS    STATE    PAPERS.  257 

Gentlemen  of  the  Council,  and  House  of  Representatives, 

As  the  affairs  which  lie  before  you,  are  of  great  moment,  and 
deserve  your  serious  and  mature  deliberation,  so  they  must  take  up 
much  time.  It  is  therefore  more  necessary,  that  you  should  begin, 
without  delay,  and  should  proceed  with  all  diligence.  I  wish 
there  may  be  a  good  harmony  in  the  Legislature,  and  that  we  may 
unite  in  such  measures  as  our  common  interest,  and  the  interest  of 
the  province^  requires  of  us.  T.  HUTCHINSON. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT 
GOVERNOR,  OCTOBER  4,  1770. 

May  it  please  your  Honor, 

THE  House  of  Representatives  having  taken  into  considera 
tion  your  speech  to  both  Houses,  at  the  opening  of  this  session, 
beg  leave  to  request  your  Honor  to  explain  a  part  of  it,  which  is 
expressed  in  such  terms,  as  leave  it  uncertain  in  its  true  intent  and 
meaning.  The  passage  referred  to,  is  that  wherein  you  say, 
4i  there  are  other  affairs,  of  a  very  interesting  nature,  which  had 
not  then  come  to  our  knowledge,  and  which  may  be  determined 
before  we  can  have  an  opportunity  of  acting  upon  them."  No  such 
matters  have  come  to  the  knowledge  of  this  House ;  if  they  have 
been  communicated  to  your  Honor  from  his  Majesty,  or  his  Min 
isters,  we  desire  you  would  be  pleased  to  lay  them  before  us,  that 
we  may  have  a  precise  understanding  of  what  your  Honor  intends ; 
the  want  of  which,  prevents  our  coming  at  present  to  any  determi 
nation  on  your  speech. 

The  House  are  also  very  desirous  your  Honor  would  inform 
them,  whether  you  have  received  any  late  instructions,  agreeable 
to  your  expectation,  expressed  in  your  message  to  this  House,  of  the 
first  of  June  last,  relating  to  the  continuance  of  this  Assembly  out 
of  its  ancient,  legal,  and  only  convenient  place,  the  Town  House, 
in  Boston. 


258  MASSACHUSETTS  STATE  PAPERS. 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVE'S, 
OCTOBER  4,  1770. 

Gentlemen  of  the  House  of  Representatives, 

I  AM  not  at  liberty  to  make  public,  or  communicate  to  you,  by 
speech  or  message,  an  order  of  his  Majesty  in  Council,  of  the  6th 
of  July  last,  but  it  appears  to  me,  that  in  consequence  thereof,  the 
state  of  the  province  of  Massachusetts  Bay  will,  undoubtedly,  be 
recommended  to  the  consideration  of  Parliament  in  the  approach 
ing  session.  This  is  the  principal  matter  of  moment  to  which  my 
speech,  at  the  opening  of  the  session  of  the  General  Court,  had 
respect.  Although  I  am  not  at  liberty  to  lay  this  order  before  you, 
yet,  I  am  very  ready  to  give  all  the  information,  in  my  power,  to 
any  committee,  you  may  think  proper,  of  the  facts  and  ground  up 
on  which  this  order  is  founded,  so  far  as  shall  consist  with  my 
instructions. 

His  Majesty  has  been  pleased  to  cause  to  be  expressed  his  en 
tire  approbation  of  my  summoning  the  Court  to  meet  at  Cam 
bridge.  I  am  restrained  from  removing  it  to  Boston,  but  I  am  not 
confined  to  the  town  of  Cambridge.  I  am  willing  to  meet  the 
Court  at  any  town  in  the  province,  which  shall  appear  to  me  to  be 
most  for  the  convenience  of  the  members,  and  which  shall  not  mil 
itate  with  the  spirit  of  my  instructions. 

T.  HUTCHINSON. 


MESSAGE 

FROM  THE  SOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT  GOV 

ERNOR,  OCTOBER  13,  1770. 

• 

May  it  please  your  Honor, 

IN  your  speech  to  both  Houses  at  the  opening  of  the  session, 
you  was  pleased  to  say,  that  his  Majesty  had  thought  fit  to  order 
the  garrison  of  Castle  William,  in  the  pay  of  the  province,  to  be 
withdrawn,  and  the  fortress  to  be  garrisoned  by  his  regular  forces. 
Your  Honor  must  be  assured,  from  a  thorough  khowledge  of 
this  people,  that  they  are  inferior  to  none  of  his  Majesty's  subjects, 
in  loyalty  and  warmth  of  affection  to  his  Majesty's  person,  family^ 
and  government.  We  have  reason,  therefore,  to  believe,  that  very 
false  representations  have  been  made  of  them  to  our  Sovereign,  to 
induce  him  to  pass  an  order,  which  implies  a  total  want  of  confi 
dence,  and  carries  in  it  the  evident  marks  of  his  royal  displeasure. 


MASSACHUSETTS    STATE    PAPERS, 


259 


If  you  are  knowing  to  any  such  representations,  we  have  a  right 
to  expect  that  you  will  communicate  them  to  us;  and  thereby  give 
us  the  opportunity  of  taking  the  most  effectual  measures,  to  clear 
Up  our  own  and  our  constituents  innocence,  and  recover  his  Ma 
jesty's  favor.  This  request  must  appear  to  your  Honor  so  rea 
sonable  in  itself,  and  so  important  to  us,  that  it  cannot  be  denied ; 
for  it  is  repugnant  to  the  common  principles  of  natural  justice, 
that  we  should  remain  under  such  injurious  representations,  with 
out  being  made  acquainted  with  the  crimes  that  are  alleged 
against  us.  ^i 

By  the  royal  charter,  it  is  expressly  granted,  established,  and  j 
ordained,  that  the  Governor  of  the  province,  for  the  time  being, » 
"  shall  have  full  power,  from  time  to  time,  to  erect  forts,  and  to 
fortify  any  place  or  places   within  the  province,  and  the  same  to 
furnish  with  all  necessary   ammunition,  provision,  and  stores  of 
war,  for  offence  or  defence,  and  to  commit,  from  time  to  time,  the 
custody  and  governmeut  of  the  same,  to  such  person  or  persons, 
as  to  him  shall  seem  meet."     We  beg  your  Honor  would  be  pleas 
ed  to  inform  us,   whether  you  still  hold  the  command  of  that  im 
portant  fortress  ?     You  tell  us,  in  your  speech,  that  you  are  pre 
vented  from  desiring  us  to  make  the  usual  establishment ;    from 
hence,  we  have  grounds  to  apprehend,  that  the  power,  vested  in 
you  by  the  charter,  is  superseded  by  instruction.     If  the  custody 
and  government  of  that  fortress,  is  now  lodged  with  the  military 
power,  independent  of  the  supreme  civil  magistrate,  within  this 
jurisdiction,  it  is  so  essential  an  alteration  of  the  constitution,  as 
must  justly  alarm  a  free  people.      We  cannot,  therefore,  but  be 
very  earnestly  solicitous  of  being  clearly  and  explicitly  made  ac-  . 
quainted  with  the  full  import  of  the  aforementioned  order,  as  well/ 
as  the  grounds  and  facts  upon  which  it  is  founded. 

[The  committee  who  reported  the  above,  were,  Mr.  Hancock., 
Gen.  Prebble,  Col.  Gerrish,  and  Capt  Farley.] 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES^ 
OCTOBER  16,  1770. 

Gentlemen  of  the  House  of  Representatives, 

I  AM  not  privy  to  any  false  representations,  which  might  in 
duce  his  Majesty's  order,  to  which  you  refer,  in  your  message  to 
me,  and  which,  you  suppose,  to  imply  a  total  want  of  confidence, 
and  to  carry  in  it  evident  marks  of  the  royal  displeasure.  I  am, 
nevertheless,  ready  to  do  every  thing  in  my  pov/er,  to  enable  you 


260  MASSACHUSETTS  STATE  PAPERS. 

to  take  the  most  effectual  measures  to  clear  up  your  own,  and  your 
constituents  innocence,  and  to  recover  his  Majesty's  favor. 
£jf  is  my  duty  to  acquaint  his  Majesty's  principal  Secretary  «t 
State  for  America,  with  all  such  public  transactions,  as  are  worthy 
of  his  Majesty's  notice.  In  the  beginning  of  May  last,  I  enclosed 
a  copy  of  the  answer  of  the  House  of  Representatives  to  my  mes 
sage,  of  the  7th  of  April  preceding.  I  did  it  without  any  com 
ment,  as  I  promised  I  would  do.  Soon  after.  I  forwarded  a  printed 
paper,  containing  the  instructions,  of  the  town  of  Boston,  to  their 
Representatives.  That  message,  and  those  instructions,  without 
any  other  representation,  I  have  sufficient  reason  to  believe,  were 
the  immediate  occasion  of  his  Majesty's  orders  to  me,  to  withdraw 
from  the  Castle  the  garrison,  in  the  pay  of  the  province,  and  to 
place  there,  a  garrison  of  his  Majesty's  regular  forces. 

You  recite  in  your  message,  which  I  am  now  answering,  a  para 
graph  of  the  charter,  with  which  I  am  well  acquainted,  and  which 
1  kept  in  my  mind  during  the  whole  transaction,  relative  to  the 
exchange  of  the  garrison,  at  his  Majesty's  Castle  ;  and  you  then 
ask  me,  whether  I  still  hold  the  command  of  that  important  for 
tress  ?  And,  because  I  am  prevented  from  desiring  you  to  make 
the  usual  establishment,  you  infer,  that  you  have  grounds  to  ap 
prehend,  that  the  power  vested  in  me,  by  charter,  is  superseded 
by  instruction.  This  expression  is  somewhat  equivocal.  If  you 
mean  no  more,  than  that  I  have  been  instructed  by  his  Majesty. 
how  to  use  that  military  authority,  which  is  given  me,  by  charter. 
and  by  the  royal  commission,  your  inference  is  right,  and  such  in 
structions  I  shall  always  observe  ;  but,  if  you  intend  that,  by  with 
drawing  a  garrison  from  his  Majesty's  Castle,  which  was  paid  by 
the  province,  and  placing  a  garrison  there,  to  be  paid  by  the  King, 
in  pursuance  of  instructions,  received  from  him,  I  have  divested 
myself  of  the  right  given  me,  over  this,  in  common  with  other  forts 
in  the  province,  you  have  no  grounds  for  your  inference.  I  have 
not,  in  this  instance,  given  up  any  part  or  your  charter  rights.  I 
never  intend  to  do  it  in  any  other  instance.  On  the  other  hand, 
you  mayexpect,  that  I  will  preserve  every  part  of  the  King's  pre- 


I  wittake  this  occasion,  to  observe  to  you,  that,  as  the  ammu 
nition  and  stores  of  war,  lodged  in  the  Castle,  for  his  Majesty's 
service,  were  purchased  and  intended  for  the  general  defence  of 
the  province,  as  well  as  for  the  use  of  that  particular  fortress,  I 
think  it  necessary,  either  to  continue  the  person,  who  had  the  im 
mediate  charge  of  those  stores,  or  appoint  some  other  person  store 
keeper,  to  issue  all  stores,  by  my  warrants  or  order,  and  to  be 
accountable  to  me.  I  must,  also,  retain  another  of  the  officers  of 
the  former  garrison,  to  receive  all  passes  for  outward  bound  ves 
sels,  and  to  make  weekly  return,  to  me,  of  ail  vessels,  both  out 
ward  and  inward  bound.  This  is  so  necessary  a  provision,  for 
preventing  the  breach  of  the  acts  of  trade,  that  I  dare  not,  upon 


I 

MASSACHUSETTS    STATE    PAPERS.  261 


any  consideration,  omit  it.  I  must,  therefore,  recommend  to  you, 
to  make  a  proper  establishment  of  these  two  officers,  until  I  may 
have  opportunity  of  receiving  a  further  signification  of  his  Majes 
ty's  pleasure,  concerning  this  garrison. 

T.  HUTCHINSON 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT  GOVER 
NOR,  OCTOBER  23,  1770. 

May  it  please  your  Honor,  ^^ 

IN  our  message  to  your  Honor,  of  the  13th  instant,  we  desired  \ 
you  would  be  pleased  to  inform  the  House  whether  you  still  held 
the  command  of  Castle  William.  In  answer  to  which  you  say, 
that,  in  withdrawing  a  garrison  from  his  Majesty's  Castfe,  which 
was  paid  by  the  province,  and  placing  a  garrison  there,  to  be  paid 
by  the  King,  in  pursuance  of  instructions  from  him,  you  have  not 
given  up  any  part  of  our-  charter  rights. 

This  answer  appears  to  the  House  to  be  somewhat  equivocal. 
For  your  Honor  may  possibly  differ  with  the  House,  in  your  con 
struction  of  the  clause  in  the  charter,  which  we  have  recited.  By 
this  clause,  the  Governor  of  the  province  is  undoubtedly  vestecl 
with  the  command  of  that  fortress.  Your  Honor  may  have  been 
instructed  to  transfer  that  command  to  his  Majesty's  chief  military 
officer  in  America,  or  any  other  person.  If  that  be  the  case,  the 
power,  which  is  vested  in  you,  by  the  charter,  is  superseded  by 
instructions. 

A  doubt  in  the  House,  respecting  a  matter  of  so  very  interesting 
a  nature  to  the  province,  is  the  occasion  of  this  repeated  message 
to  your  Honor,  to  request  that  you  would,  in  an  explicit  manner, 
assure  us,  whether  you  still  hold  the  command  of  his  Majesty's 
Castle  William. 


[The  committee  which  prepared  this  message,  were,  Mr.  S.  Ad 
ams,  Mr.  J.  Adams,  Col.  Warren,  Mr.  Hancock,  and  Col.  Pres- 
cottj 


MASSACHUSETTS    STATE    PAPERS. 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OP  REPRESENTATIVES, 
OCTOBER  23, 177Q. 

Gentlemen  of  the  House  of  Representatives, 

Lly  my  answer  to  your  message,  of  the  13th  instant,  I  have 
told  you,  that,  by  withdrawing  the  garrison  from  Castle  William, 
which  was  paid  by  the  province,  and  placing  a  garrison  there,  to 
be  paid  by  the  King,  in  pursuance  of  instructions,  received  from 
him,  you  had  no  grounds  to  infer,  that  I  have  divested  myself  of 
the  right  given  me,  by  charter,  over  this  fort,  in  common  with  the 
other  forts  in  the  province. 

I  had  no  latent  meaning  in  this,  nor  any  other  expression,  in  my 
answjecjj  I  intended  it  should  convey  this  idea,  that  I  was  not,  by 
the  exchange  of  the  garrison,  divested  of  the  right,  and,  conse- 
"  r,  that  I  still  retain  it,  for  it  has  never  been  suggested,  that 


quently, 
I  have  t 


have  parted  with  it  in  any  other  way,  nor  do  I  know  of  any 
color  for  such  suggestion. 

I  know  of  no  ambiguity,  in  that  clause  of  the  charter,  which  you 
have  recited  in  your  first  message  to  me.  I  shall  be  sorry,  if  the 
House  shall  put  any  construction  upon  it,  different  from  what 
appears  to  me  to  be  the  plain  sense  of  the  words ;  but,  I  must 
govern  myself  by  my  own  understanding,  and  choose  to  avoid  any 
altercation  concerning  it. 

The  authority  given  me  over  the  Castle,  by  his  Majesty's  com 
mission,  I  have  exercised,  and  continue  to  exercise,  without  any 
infringement  of  the  rights  of  the  people,  by  charter,  or  otherwise, 
arid  without  any  extension  of  the  prerogative  of  the  Crown  be 
yond  its  just  limits  ;  and,  I  doubt  not,  1  shall  be  able  to  vindicate 
my  conduct,  if  ever  I  shall  be  called  to  account  for  it. 

T.  HUTCHINSON. 


MESSAGE 

FROM  THE  COUNCIL  TO  THE  LIEUTENANT  GOVERNOR,  OCTOBER  25, 1770. 

May  it  please  your  Honor , 

YOUR  Honor  having  been  pleased  to  make  known  to  the 
Board,  some  part  of  a  letter  from  the  Earl  of  Hillsborough,  and 
also  the  report  of  a  committee  of  the  Lords  of  Council,  with  his 
Majesty's  order  in  Council,  thereon — which  report  and  order, 
greatly  affecting  the  character  of  the  Council  of  this  province,  and 
may,  in  their  consequences,  affect  our  charter  right ;  we  pray  your 


MASSACHUSETTS    STATE    PAPERS.  263 

Honor  to  lay  before  this  Board,  an  authentic  copy  of  the  said 
report  and  order,  and  so  much  of  the  said  letter,  as  may  concern 
either  the  Council  or  the  province,  that  the  Board  may  know  the 
reasons  on  which  they  are  grounded,  and  take  such  measures  as 
shall  be  judged  most  advisable,  to  vindicate  the  character  of  the 
Council,  and  prevent  any  infringements  on  the  charter  rights  of  the 
province. 

[The  committee  who  waited  on  the  Lieutenant  Governor  with 
the  above  message,  reported  verbally  from  his  Honor,  4i  that,  by 
his  instructions,  he  was  strictly  forbidden  to  give  a  copy  of  said 
letter,  report,  or  order,  or  even  to  mention  them,  by  speech  or 
mes  :age,  to  either  House." — It  may  be  proper  to  observe  here, 
that  the  aforesaid  "  report  and  order"  were,  in  consequence  of  a 
deposition  of  A.  Oliver,  Esq.  the  Secretary,  taken  by  request  of 
Lieutenant  Governor  Hutchinson,  and  by  him,  with  other  papers, 
forwarded  to  England,  to  be  laid  before  the  Ministry  ;  which  depo 
sition  states  what  was  done  by  the  Council,  on  the  6th  of  March, 
1770,  specially  convened  by  the  Lieutenant  Governor,  on  account 
of  the  massacre  of  the  5th,  when  some  of  the  British  regular 
troops,  then  stationed  in  Boston,  fired  upon  the  citizens,  andjdllejl 
and  woundedelgvein  of  them.  The  deposition  of  the  Secretary 
stafe^r^^KeCouncil  advised  the  Lieutenant  Governor  to  order 
the  troops  to  the  barracks,  at  the  Castle,  as  otherwise  they  would 
be  destroyed  ;  that  the  commissioners  also  must  remove  from  Bos 
ton,  where  their  persons  were  not  safe ;  and  that  a  plan  had  been 
formed  by  the  people  very  generally,  including  men  of  property 
and  influence,  in  the  province,  to  have  the  troops  and  commission 
ers  removed  immediately.  The  deposition  was  so  worded,  as  to 
bear  the  construction,  and  that  perhaps  most  naturally,  that  such 
a  plan  was  formed  previously  to  the  massacre ;  whereas,  the  opinion 
of  the  Council  really  was,  that  the  people  were  greatly  exaspe 
rated,  by  the  murder  of  their  fellow  citizens,  and  would  not  rest 
easy  till  the  troops  were  removed  from  Boston  to  the  Castle,  or 
withdrawn  wholly  from  tht  province.  The  deposition  further 
states,  that  the  minutes  taken  by  the  Secretary,  of  the  doings  and 
advice  of  Council,  on  the  6th,  were  by  them,  on  the  7th,  ordered  to 
be  altered  ;  because,  though  what  took  place  was  therein  stated 
truly,  yet,  they  were  desirous  it  should  be  so  expressed,  as  to  be 
more  favorable  to  them  :  the  Secretary  thus  insinuatinff,  that  they 
were  unwilling  to  have  all  they  did  and  advised,  appear  precisely 
as  it  was  ;  but  would  have  it  receive  a  coloring  which  would  still 
show  their  loyalty.  And  accordingly,  in  his  said  deposition,  he 
recited  the  minutes,  as  taken  the  6th,  and  then  gave  the  same 
proceedings,  as  amended  by  the  Council,  on  the  7th.  The  follow 
ing  report  of  the  Council,  on  this  subject,  will  give  a  correct  view 
of  the  affair.] 


264  MASSACHUSETTS    STATE    PAPERS. 


REPORT 

OF  A  COMMITTEE  OF  COUNCIL,  MADE  TO  THE  BOARD,  OCTOBER  24, 1770,  RE 
SPECTING  THE  REPRESENTATION  MADE  BY  SECRETARY  OLIVER  OF  THEIR 
CONDUCT,  MARCH  SIXTH  AND  SEVENTH,  1770 ;  AND  BY  THE  BOARD  UNANI 
MOUSLY  ACCEPTED. 

THE  committee  having  ctmsidered  the  petition  of  Secretary 
Andrew  Oliver,  and  his  affidavit,  concerning  the  proceedings  at  the 
Council,  on  the  6th  and  7th  of  March  last,  annexed  to  a  pamphlet 
published  in  London,  take  occasion  to  make  a  few  observations 
upon  them. 

With  regard  to  the  said  affidavit,  several  things  are  observable 
from  it. 

1st.  That  what  is  there  declared  to  be  said  by  Mr.  Tyler,*  in 
Council,  is  expressed  in  such  a  manner  as  to  be  generally  under 
stood  to  represent,  that,  antecedent  to  the  unhappy  affair  of  the 
5th  of  March  last,  there  had  been  a  plan  formed,  by  people  of  the 
best  characters  among  us,  to  remove  the  troops  out  of  the  town  of 
Boston  ;  and  after  that,  the  commissioners. 

2d.  That  divers  gentlemen  of  the  Council  adopted  what  had 
been  so  said. 

3d.  That  the  Secretary  had,  in  his  draft,  expressed  what  had 
been  said  in  debate,  at  Council,  in  the  terms  in  said  affidavit  re 
cited  ;  and  that  this  form,  or  draft  of  his,  was  "  allowed  by  the 
Council,  strictly  to  express  the  truth  ;  but  that  it  would  not  stand 
well  on  the  Council  records ;  whereupon  one  of  the  gentlemen  of 
the  Board  prepared  an  amendment,  which  was  substituted." 

As  to  the  first  article,  the  plan  therein  mentioned,  was,  accord 
ing  to  the  affidavit,  or  deposition  of  the  Secretary,  intended  to  ef 
fect  the  removal  of  the  troops,  and  the  removal  of  the  commission 
ers.  With  regard  to  the  removal  of  the  troops,  Mr.  Tyler,  who 
mentioned  the  said  plan  in  Council,  on  the  6th  of  March  last,  de 
clares,  that  he  had  uttered  nothing  in  said  Council,  purporting 
that  any  plan  had  been  formed  to  remove  the  troops,  previously  to 
their  firing  on  the  inhabitants;  that  he  had  no  idea  of  a  plan 
formed  for  the  removal  of  said  troops,  until  the  day  after  the  shock 
ing  scene  on  the  evening  of  the  5th  of  March  ;  and  that  he  tfyen 
meant  to  be  understood,  that  the  disposition  of  the  people  to  re 
move  the  troops,  was  occasioned  by  the  killing  and  wounding  of 
divers  inhabitants  of  the  town,  and  by  the  people's  apprehensions 
that  the  troops  still  had  an  unfriendly  design  against  them.  Mr. 
Erving,  Mr.  Pitts,  and  Mr.  Dexter,f  declare,  that  they  cannot  re 
collect,  neither  do  they  believe,  that  any  thing  was  said  in  Coun 
cil  by  Mr.  Tyler,  purporting  that  any  plan  had  been  formed  to  re- 

*  R.  Tyler,  one  of  tlie  Comml.  t  Members  of  the  Counc.il> 


MASSACHUSETTS    STATE    PAPER3.  265 

move  the  troops,  previously  to  their  firing  on  the  inhabitants;  but, 
that  they  understood  him  to  mean,  that  the  people  were  excited  to 
such  a  measure,  by  the  killing  and  wounding  some  of  the  inhabit 
ants  of  the  town,  on  the  evening  immediately  preceding. 

Mr.  Danforth,  and  other  gentlemen  of  the  Board, "then  present 
in  Council,  have  made,  in  substance,  the  same  declaration.  Mr. 
Cotton,  the  Secretary's  deputy,  and  his  assistant,  Mr.  Skinner, 
declared,  that,  when  Mr.  Tyler  mentioned  the  plan  aforesaid, 
they  did  not  apprehend  him  to  mean  a  plan,  concerted  before  the 
6th  of  March,  and  the  Secretary,  himself,  has  lately  declared,  be 
fore  the  Board,  that  he  did  not  conceive  Mr.  Tyler  to  mean  such 
a  preconcerted  plan  ;  and  that  he  never  believed  any  such  plan 
had  been  formed.  All  which  declarations,  amount  to  a  satisfactory 
proof,  that  what  Mr.  Tyler  said  in  Council,  did  not  convey  the 
idea,  that  a  plan  had  been  formed  to  remove  the  troops,  previous 
to  their  killing  a  number  of  the  inhabitants. 

Witli  regard  to  a  plan  to  remove  the  commissioners,  Mr.  Cot 
ton  declares,  he  heard  Mr.  Tyler  say,  that  there  was  a  plan  to 
remove  the  troops  from  the  town ;  and,  that  they  would  not  stop 
there,  but  would  remove  the  commissioners  also.  F.  Skinner* 
declares,  in  substance,  the  same  ;  as  does  also  Capt.  Caldwell.* 
The  two  first,  however,  say,  that  they  did  not  apprehend  Mr.  Ty 
ler  meant  a  plan  concerted  before  the  6th  of  March.  With  re 
gard  to  this,  Capt.  Caldwell  is  not  explicit. 

Lieut.  Col.  Dalrymple*  said  nothing  in  his  deposition,  concern 
ing  the  commissioners ;  but,  afterwards,  being  asked  whether  he 
remembered  that  Mr.  Tyler  said,  a  part  of  the  plan  was  to  remove 
the  commissioners  out  of  Boston  ?  he  answered,  that  something  of 
the  kind  was  said  by  some  one  of  the  Council,  during  the  debates, 
but  he  could  not  say,  that  it  was  Mr.  Tyler. 

This  is  the  whole  of  what  is  declared  on  the  positive  side,  rela 
tive  to  the  commissioners.  Two  of  these  declarants,  viz. :  Messrs. 
Cotton  and  Skinner,  say,  they  were  called  out,  divers  times,  while 
the  Council  was  sitting,  and  in  the  course  of  the  proceedings ; 
and  Mr.  Cotton  infers  from  it,  "  that  he  cannot  declare  so  fully 
as  those  who  attended,  without  interruption." ,  Capt.  Caldwell 
did  not  go  to  the  Council,  till  four  o'clock  in  the  afternoon  of  the 
6th  of  March,  and,  therefore,  cannot  judge  of  what  passed  in 
Council,  so  well  as  those  who  attended  both  parts  of  the  day; 
did  not  recollect,  when  he  gave  his  deposition,  that  any  thing  had 
been  said  concerning  the  commissioners ;  and  his  answer,  when 
afterwards  asked,  shews,  he  had  only  a  general  remembrance  of 
something  said  about  the  commissioners.  It  is  very  probable, 
that  what  passed  between  the  Lieutenant  Governor  and  several 
of  the  Council,  relative  to  the  protection  of  the  commissioners,  as 
hereafter  mentioned,  was  the  thing  which  lay  on  his  mind. 

h*XSki»fcn<£  WaS  a  Cler,k  *°  the  Secretary.-Caldwell  and  Dalrymple,  British  Offices,  called 
before  the  Governor  and  Council,  to  give  their  testimony. 

34 


266  MASSACHUSETTS  STATE  PAPERS. 

It  is  not  doubted,  that  these  declarants  understood  Mr.  Tyler, 
in  the  sense  they  have  stated  :  but,  it  is  very  probable,  they  might 
misapprehend  him.  It  appears,  by  the  deposition  of  Mr.  Gray,* 
and  others,  that  the  Lieutenant  Governor  asked  the  Board,  what 
protection  there  would  be  for  the  commissioners,  if  both  regiments 
were  ordered  to  the  Castle  5  and  this,  very  probably,  gave  the 
occasion  for  mentioning  the  commissioners  at  all.  Mr.  Tyler, 
upon  that  question,  might  express  his  sentiments  on  that  head  ; 
and,  having  so  fair  an  opportunity,  might  express  his  sentiments 
also,  concerning  the  commissioners  themselves,  and  the  low  esti 
mation  in  which  they  are  held  by  people  in  general,  not  only  here, 
but  through  the  continent ;  and,  this  being  mixed  with  the  subject 
of  the  day,  viz. :  the  removal  of  the  troops,  might  occasion,  what 
he  meant  to  say,  relative  to  the  troops  only,  to  be  understood  by 
some,  as  relative  to  them  and  the  commissioners  also.  It  is 
certain,  that  all  the  gentlemen  of  the  Council,  then  present,  have 
declared,  on  oath,  they  have  no  remembrance  that  Mr.  Tyler 
said,  there  was  a  plan  laid  for  the  removal  of  the  commissioners; 
and,  Mr.  Gray  adds,  to  this  declaration,  that  he  took  particular 
notice  of  what  Mr.  Tyler  did  say.  Mr.  Tyler,  himself,  on  the 
most  serious  recollection,  declares,  on  oath,  that  the  assertion, 
that  he  said,  "  there  was  a  plan  formed  to  remove  the  commis 
sioners,  or,  that  it  was  any  part  of  a  plan  to  remove  them,"  is  a 
gross  misrepresentation  ;  and  that,  in  his  best  judgment,  and  firm 
belief,  no  plan  to  remove  the  troops,  before  their  firing  on  the  in 
habitants  of  Boston  ;  or,  at  any  time  whatever,  to  remove  the 
commissioners,  ever  was  formed,  or  forming  by  the  people,  or  any 
number  of  persons  whatever.  He  further  declares,  that,  on  the 
Lieutenant  Governor's  asking,  in  the  Council,  what  will  become  of 
the  commissioners,  if  the  troops  are  removed,  several  of  the  gen 
tlemen  gave  it  as  their  opinion,  that  they  would  be  safe,  and 
always  had  been  safe  ;  and,  he  verily  believes,  nothing  was  said 
to  the  contrary,  by  any  one  of  the  Council  present.  Mr.  Gray 
declares,  "  that,  when  the  Lieutenant  Governor  asked  the  said 
question,  he  answered,  that  the  commissioners  would  be  as  safe, 
without  the  troops,  as  with  them  ;  for,  that  the  people  would  never 
be  so  mad,  as  to  offer  them  the  least  violence,  when  the  troops 
could  so  easily  be  recalled,  for  their  protection."  He  further 
declares,  "  that  one  gentleman,  at  the  Board,  immediately  second 
ed  him,  and  assured  his  Honor  of  their  safety ;  and  added,  that 
he  would  pawn  his  life,  they  would  receive  no  injury." 

Mr.  Danforth  declares,  he  well  remembers,  that  divers  of  the 
Council  then  declared,  that,  in  their  opinion,  the  commissioners 
might  continue  in  town,  in  all  safety,  after  the  troops  were  re 
moved  5  and,  that  no  one  of  the  Council  present,  discovered  an 
opinion  diverse  therefrom. 

'Member  of  the  Council. 


MASSACHUSETTS    STATE    PAPERS.  26? 

Mr.  Erving  declares,  that,  he  said  at  the  Board,  in  the  hearing 
of  the  Lieutenant  Governor,  on  the  6th  of  March,  that,  in  his  opin 
ion,  the  commissioners  were  safe  in  town,  and  never  had  been  in 
danger;  and,  that  he  would  pawn  his  life,  they  would  remain  safe, 
or  words  of  the  same  import. 

If  the  foregoing  circumstances  and  declarations  be  duly  con 
sidered,  it  will  appear  highly  probable,  that,  if  Mr.  Tyler  said  any 
thing  about  the  commissioners,  it  was  misunderstood.  And,  this 
will  appear  still  more  so,  if  it  be  further  remarked,  that,  on  the 
contrary  supposition,  it  must  have  been  considered,  as  a  reason 
for  the  troops  remaining  in  town,  had  the  commissioners  been 
supposed  to  be  in  danger,  as  ha«  been  observed  by  several  of  the 
deponents  ;  and  the  said  deponents  are  persuaded,  it  would  have 
been  so  considered  by  the  Lieutenant  Governor,  and  the  com 
manding  officer  of  the  troops  ;  and,  consequently,  have  tended  to 
defeat  the  end,  which  the  Members  of  the  Council,  particularly 
Mr.  Tyler,  were  aiming  at.  And,  they  further  observe,  that,  had 
he  mentiotied  it,  as  his  opinion,  there  was  a  design  of  the  people 
to  remove  the  commissioners,  it  would  have  been  so  entirely  con 
trary  to  the  sentiments  of  the  deponents,  and,  they  doubt  not,  of 
every  Member  of  the  Council,  present,  except  himself,  that  they 
verily  believe,  it  must  have  produced  such  a  dispute  and  opposi 
tion,  as  would  not  soon  have  been  forgotten. 

The  second  thing  observable  from  the  affidavit  of  the  Secretary, 
is,  that  divers  gentlemen  of  the  Council,  by  referring  expressly  to 
it,  adopted  what  Mr.  Tyler  had  said,  viz. :  "  that  the  people  of  the 
best  characters  among  us,  had  formed  a  plan,  not  only  to  remove 
the  troops,  but  the  commissioners." 

In  contradiction  to  this,  every  gentleman  of  the  Council,  then 
present,  deny  that  they  adopted  any  such  declaration.  So  far  are 
they  from  adopting  what  is  represented  to  have  been  said  by  Mr. 
Tyler,  about  a  plan  to  remove  the  commissioners,  that  there  is  not 
one  of  them  has  the  least  remembrance  of  any  thing  said  concern 
ing  a  plan  to  remove  the  commissioners ;  and  therefore,  they  could 
not  refer  to  it,  or  in  any  sense  whatever,  adopt  it.  Mr.  Hubbard 
and  Mr.  Russell,*  declare,  that,  as  they  cannot  recollect  they  heard 
a  word  from  Mr.  Tyler  of  any  intention  to  remove  the  commission 
ers,  so  neither  could  they  have  adopted  such  a  strange  opinion, 
had  it  been  advanced  by  any  person  whatever. 

Mr.  Erving,  Mr.  Dexter,  and  Mr.  Pitts,  declare  the  same,  and 
add,  that,  according  to  their  best  remembrance,  what  was  really 
said  in  Council,  by  Mr.  Tyler,  was  not  referred  to  by  any  other 
Member  present,  in  such  manner  as  that  it  could,  with  the  least 
degree  of  propriety,  be  affirmed  in  general  terms,  as  it  is  in  the 
deposition  of  the  said  A.  Oliver,  "  that  they  adopted  what  Mr. 
Tyler  had  said." 

*  Members  of  the  Council. 


268  MASSACHUSETTS  STATE  PAPERS. 

Mr.  Danforth,  in  his  deposition,  recites,  that,  "  whereas  in  Mr. 
Oliver's  affidavit  it  is  asserted,  that  divers  of  the  Council  adopted 
what  Mr.  Tyler  had  said,  by  referring  to  it,  and  thereby  excusing 
themselves  from  enlarging,  (which  assertion  plainly  imports  that 
divers  members  of  the  Council  assented  to  and  adopted  all  that 
Mr.  Oliver,  in  his  Affidavit,  had  represented  to  have  been  said  by 
Mr.  Tyler,  relative  to  a  plan  formed  to  remove  the  commissioners, 
as  well  as  the  troops,)  he,  the  deponent,  declares,  that  although  he 
had  the  like  apprehensions  Mr.  Tyler  had  of  the  danger  of  further 
bloodshed,  in  case  the  troops  should  continue  in  town,  yet,  that  he 
never  adopted  any  sentiment,  that  a  plan  had  been  concerted  to 
remove  the  commissioners,  (or  even  the  troops,  by  way  of  compul 
sion,)  and,  so  far  at  least,  as  relates  to  the  commissioners,  this  de 
ponent  is  fully  persuaded,  that  no  Member  of  the  Council,  then 
present,  did  adopt  the  same  5  inasmuch  as  he  well  remembers,  that 
divers  of  them  then  declared,  that,  in  their  opinion,  the  commis 
sioners  might  continue  in  town  with  all  safety,  after  the  troops 
were  removed  thence  ;  and  no  one  of  the  Council,  then  present, 
discovered  an  opinion  diverse  therefrom." 

From  these  depositions,  and  what  went  before,  it  appears,  that  the 
said  gentlemen  of  the  Council,  were  so  far  from  adopting  what  the 
Secretary  represents  to  have  been  said  by  Mr.  Tyler,  as  to  a  plan 
to  remove  the  commissioners,  that  there  is  not  one  of  them  has  the 
least  remembrance  of  any  thing  said  about  such  a  plan  ;  and  there 
fore,  they  could  not  refer  to  it,  or  in  any  sense  whatever,  adopt  it. 

The  third  thing  observable  in  the  Secretary's  affidavit,  is  what 
he  declares  about  his  draft  expressing  what  had  been  said  in  de 
bate  at  Council,  "  that  it  was  allowed  by  the  Council  strictly  to 
express  the  truth,  but  that  it  would  not  stand  well  on  the  Council 
records."  This  declaration  represents  the  Council  in  a  very  odious 
light.  It  conveys  to  the  world  this  idea,  that  they  rejected  his 
draft  because  it  was  true  ;  and  that  the  truth  of  it  made  it  unfit  to 
be  recorded  in  the  Council  books;  "whereupon  an  amendment  was 
substituted."  To  substitute  an  amendment,  which  alters  the  truth, 
is  to  substitute  a  falsehood.  And  as  the  said  declaration  suggests 
such  a  substitution,  it  implies  a  charge  of  falsehood  on  the  gentle 
men,  who  were  present  at  that  Council.  But  though  the  commit 
tee  apprehend  the  Secretary  did  not  intend  any  such  charge,  yet 
his  words  may  probably  be  construed  to  imply  it. 

With  regard  to  the  said  amendment,  most  of  the  gentlemen  have 
expressed  their  sentiments  in  their  respective  depositions.  Five 
of  them  declare,  that  the  words  made  use  of  in  the  amendment,  as 
recited  by  the  Secretary,  in  his  deposition,  which  were,  the  next 
morning,  proposed  in  Council,  to  be  substituted  instead  of  the 
terms  the  Secretary  had  used  in  the  minutes  of  the  Council,  taken 
the  day  before,  these  deponents  then  thought  less  liable  to  be  mis 
construed  ;  and  that,  by  this  alteration,  the  true  meaning  and  in 
tent  of  the  Members  of  the  Council,  in  what  they  had  said  on  the 


MASSACHUSETTS  STATE  PAPERS.  269 

preceding  day,  to  the  Lieutenant  Governor,  of  the  disposition  of 
the  people,  would  fully  and  fairly  appear. 

Mr.  Danforth  declares,  that  the  said  amendment  was  unani 
mously  agreed  to  by  the  Members  of  the  Council,  then  present,  and 
contains  the  whole  of  what,  after  full  debate  and  mature  consider 
ation,  was  by  them  adopted  ;  and,  (together  with  the  advice  given 
to  the  Lieutenant  Governor,  to  use  his  influence  that  the  troops 
might  be  removed,)  was,  as  the  deponent  apprehends,  the  whole 
that  could  regularly  be  certified  by  the  Secretary ;  as  they  were 
the  only  votes  of  the  Council,  that  passed  on  that  occasion. 

The  committee  proceed  to  consider  the  Secretary's  petitions  to 
the  Board,  and  to  make  some  observations  upon  them. 

In  one  of  them  he  represents,  that  his  deposition  or  affidavit, 
above  mentioned,  appears,  by  the  tenor  of  it,  to  have  been  made 
merely  to  vindicate  the  Lieutenant  Governor,  in  desiring  that  his 
Majesty's  troops  might  be  removed  to  Castle  William,  after  the 
fatal  catastrophe  of  the  5th  of  March,  he  having  been  called  upon, 
by  the  Lieutenant  Governor,  to  give  a  true  relation  of  the  proceed 
ings,  had  in  Council,  on  that  aft'air.  If  the  Lieutenant  Governor 
desired  the  said  deposition  for  his  vindication,  could  he  not  have 
been  vindicated  without  the  Secretary's  traducing  the  Council,  and 
bringing  into  question  the  loyalty  of  the  town  of  Boston,  or  the 
province  ?  Was  it  not  traducing  the  Council,  to  suggest  that  they 
rejected  his  draft,  because  it  strictly  expressed  the  truth  ?  And 
was  it  not  bringing  into  question  the  loyalty  of  the  town  or  pro 
vince,  to  suggest  that  a  plan  had  been  formed,  by  people  of  the  best 
characters  among  us,  to  remove  the  troops  and  commissioners ; 
and  that  divers  of  the  Council  adopted  or  allowed  it  to  be  true, 
that  there  was  such  a  plan  ?  Do  these  suggestions,  and  the  decla 
rations  contained  in  the  Secretary's  deposition,  in  which  he  wholly 
omits  what  was  said  about  the  safety  of  the  commissioners,  comport 
with  a  true  relation  of  the  proceedings  had  in  Council,  on  the  above 
mentioned  affair;  which  relation  the  Lieutenant  Governor  called 
upon  him  for  ? 

The  Secretary  further  represents,  that,  as  holding  his  commission 
immediately  from  the  King,  who  therein  expresses  his  confidence 
in  his  fidelity,  he  could  not  consider  himself  as  acting  in  breach  of 
trust,  in  making  said  deposition,  as  he  was  called  upon  by  the  Com 
mander  in  Chief,  who  is  the  King's  Representative,  to  give  a  true 
relation  of  the  proceedings  had  in  Council,  on  that  day. 

Though  the  Secretary  holds  his  commission  immediately  from 
the  King,  the  commission  constitutes  him  an  officer  of  the  province, 
to  do  the  business  appertaining  to  the  office  of  Secretary  ;  but  does 
not  give  the  Commander  in  Chief,  notwithstanding  he  is  the  King's 
Representative  in  the  province,  any  authority  over  him.  By  vir 
tue  of  his  commission,  he  is  to  do  the  proper  business  of  Secretary ; 
but  could  it  be  a  part  of  such  business,  to  take  minutes  at  Council, 
of  what  all,  or  any  of  the  Members,  said  in  their  debates  ?  and  af- 


270  MASSACHUSETTS  STATE  PAPERS. 

tenvards  to  give  a  deposition  of  it,  when  called  upon  by  the  Com 
mander  in  Chief?  If  it  was  not  a  part  of  such  business,  for  what 
purpose  could  he  want  to  assist  his  memory,  by  taking  the  said 
minutes  ?  Could  this  be  any  proof  of  fidelity  to  the  King ;  or  would 
it  not  be  considered  as  a  breach  of  trust  ?  Would  not  such  an  idea 
of  the  business  of  a  Secretary,  degrade  him  into  the  character  of  a 
spy  or  informer  ?  Would  it  not  be  inconsistent  with  the  freedom 
of  consultation  and  debate,  and  consequently  with  one  of  the  most 
essential  privileges  and  rights  of  Council  ?  And  would  it  not, 
therefore,  be  subversive  of  every  principle,  which  distinguishes  a 
free  government  from  despotism  ?  But,  admitting  that  the  Secre 
tary,  as  the  King's  officer,  is  under  obligation  to  take  such  minutes, 
at  Council,  and  reduce  them  to  a  deposition,  if  desired  by  the 
King's  Representative,  (which  is  utterly  denied,)  yet  it  appears, 
by  one  of  the  Secretary's  petitions  to  the  Beard,  that  he  officiously, 
without  the  privity  of  any  one,  took  the  minutes  of  what  was  said 
in  the  debates  of  Council,  on  the  6th  of  March. 

If  the  Secretary  could  think  himself  authorized  to  take  such 
minutes,  and  give  such  deposition,  was  he  not  under  the  obligation 
of  honor,  and  did  not  justice  require  him  to  communicate  it  to  the 
Council,  before  he  had  completed  and  delivered  it  ?  Had  he  done 
so,  the  mistakes,  and  the  partial  representations  contained  in  it, 
might  have  been  corrected,  and  his  own  honor  and  justice  remained 
unimpeached. 

It  has  been,  for  some  time,  justly  complained  of,  that  deposi 
tions,  memorials,  and  every  species  of  information,  have  been 
made  and  taken,  and  sent  to  England  in  a  secret  manner,  and 
there  made  use  of,  to  represent  his  Majesty's  subjects  here,  in  an 
odious  light ;  which  has  occasioned  troops  and  naval  armaments 
to  be  sent  hither,  to  the  great,  and  unjust  annoyance  and  distress 
of  his  Majesty's  subjects  of  this  province.  It  was,  therefore,  the 
more  extraordinary,  that  the  Secretary,  in  the  affair  of  his  depo 
sition,  should  act  in  the  same  secret  manner ;  especially,  as  it 
respected  what  had  been  said  in  Council ;  about  which,  he  could 
have  easily  informed  himself  from  the  Members,  who,  at  the  same 
time,  had  a  right  to  know  what  he  had  represented  concerning 
them.  Whatever  may  have  been  designed,  with  regard  to  the  oper 
ation  of  this  deposition,  the  manifest  tendency  of  it  is,  to  give  a 
most  unfavorable,  and,  at  the  same  time,  a  most  unjust  idea  of  the 
people  here,  and  of  the  Council,  in  particular.  As  the  said  depo 
sition  represents  the  Council  in  an  ill  light,  it  would  be  no  disa 
greeable  present  to  Governor  Bernard,  to  whom  it  was  sent  by 
the  Lieutenant  Governor,  as  he  informed  the  Board.  His  Honor, 
at  the  same  time,  informed  them,  that  he  desired  Governor  Ber 
nard  to  keep  it  to  himself,  unless  his  conduct,  with  regard  to  re 
moving  the  troops,  should  be  faulted ;  in  which  case,  it  was  to  be 
made  use  of  for  his  Honor's  vindication.  Whether  it  was  used 
for  that  purpose,  is  uncertain.  But,  it  is  certain,  that  it  was  pub- 


MASSACHUSETTS  STATE  PAPERS.  271 

lished  in  London,  annexed,  with  other  depositions,  to  a  pamphlet, 
entitled  "  a  fair  account  of  the  late  unhappy  disturbances  at 
Boston,  in  New  England;"  in  which  pamphlet  and  depositions, is 
given  a  very  unfair,  and,  in  all  material  circumstances,  a  very 
false  account,  of  what  is  therein  called,  the  late  unhappy  disturb 
ance.  The  most  material  thing  aimed  at,  in  the  said  pamphlet, 
is,  to  obtrude,  as  truth,  on  the  public,  this  falsehood,  viz.  :  that  a 
plan  was  here  laid  for  the  expulsion  of  the  troops,  prior  to  their 
firing  on,  and  killing  a  number  of  the  inhabitants  of  the  town  5 
and  the  principal,  if  not  the  only  deposition,  which,  in  any  mea 
sure,  tends  to  support  such  a  charge,  is  the  Secretary's. 

The  deposition  has,  in  some  degree,  answered  the  purpose  of  the 
pamphlet  writer  or  procurer;  and  is  well  calculated  to  answer 
the  further  purpose  of  Governor  Bernard,  to  effect  a  change  in  the 
constitution  of  the  Council,  by  giving  a  very  disadvantageous  idea 
of  the  Board,  of  the  last  year,  from  which  will  be  formed  the 
idea  of  the  present  Council,  which  includes  the  same  Members  as 
the  last. 

This  deposition  has  been  attended  with  circumstances  which 
appear,  in  some  degree,  remarkable.  It  was  taken  the  same  day, 
on  which  most  of  the  other  depositions,  annexed  to  the  pamphlet, 
were  taken,  viz. :  the  13th  of  March.  They  probably  all  went  by 
Mr.  Commissioner  Robinson,  who  sailed  for  England,  the  16th  of 
March ;  and  they  are  all  published  together,  in  the  same  pam 
phlet.  Whether  these  circumstances  are  casual,  or  whether  they 
indicate  a  mutual  correspondence  and  communication  between 
persons  here,  with  regard  to  said  depositions,  there  do  not  appeal- 
any  sufficient  means  fully  to  determine. 

The  Secretary  further  represents,  "  how  cautious  he  was  in  fram 
ing  his  deposition  ;  and  that  he  is  confident  he  has  been  precise 
in  setting  down  the  very  words  used  on  the  occasion,  without 
adding  any  construction  of  his  own."  How  cautious  and  precise 
the  Secretary  has  been,  especially  in  representing  what  was  said 
about  the  commissioners,  has  fully  appeared  above.  He  not  only 
gives  an  imperfect  account  of  what  he  has  represented,  but,  has 
wholly  omitted  all  the  declarations  made  at  Council,  relative  to  the 
commissioners,  that  they  would  be  safe,  though  the  troops  should 
be  removed  ;  which  has  already  sufficiently  appeared. 

The  Secretary  goes  on  to  observe,  "  that  the  principal  matter, 
wherein  the  testimony  of  divers  (or  rather  of  all)  of  said  gentle 
men,  differs  from  his  own,  appears,  to  him,  to  be  concerning  what 
relates  to  the  commissioners;  with  regard  to  which,  he  appre 
hends,  his  deposition  is  fully  supported  by  the  testimony  of  disin 
terested  witnesses,  then  present." 

The  Secretary  here  suggests,  that  the  gentlemen  of  the  Coun 
cil  are  interested,  and,  therefore,  that  their  testimony,  wherein  it 
differs  from  that  of  his  witnesses,  who,  he  represents,  as  disinter 
ested,  must  be  invalidated.  Seven  gentlemen  of  the  Council 


MASSACHUSETTS    STATE    PAPERS, 

have  given  testimony,  about  what  Mr.  Tyler  is  represented  to 
have  said  in  Council,  concerning  the  troops  and  commissioners. 
In  this  matter,  it  is  evident,  they  are  wholly  disinterested.  What 
inducement,  then,  could  they  have,  to  pervert  the  truth  ?  How  is 
their  testimony,  in  this  matter,  invalidated  ?  They  may  be  stiled 
disinterested  witnesses,  as  properly,  as  those  produced  by  the 
Secretary ;  and,  much  more  so,  than  two  of  them,  who  act  under, 
and  are  dependent  on  the  Secretary,  for  their  continuance  in  office. 
The  committee  have  been  thus  particular  in  this  matter,  that  the 
true  state  of  it  might  appear ;  and  that,  thereby,  the  pernicious 
consequences  to  the  province,  which,  the  Board  apprehend,  the 
Secretary's  deposition  may  be  attended  with,  may  be  prevented. 
So  far  as  this  matter  stands  related  to  the  Council,  it  appears,  that 
the  Secretary's  deposition  exhibits  to  the  world,  a  very  dishonora 
ble  and  injurious  idea  of  them,  by  suggesting,  "  that,  because  his 
draft  was  allowed  strictly  to  express  the  truth,  it  would  not  stand 
well  on  the  Council  record,  and  was,  therefore,  rejected  by  the 
Council."  It  appears,  also,  that  the  Secretary  has,  in  a  secret 
manner,  taken  minutes  at  Council,  of  what  was  said  by  the  Mem 
bers,  in  their  debates  ;  that  he  has  subscribed  his  name  to  a  paper, 
containing  those  minutes,  and  has  taken  his  deposition  before  F. 
Hutchinson,  Esq.  to  the  truth  of  it ;  also,  that  the  said  paper  and 
deposition  have  been  sent,  by  the  Lieutenant  Governor,  to  Governor 
Bernard  ;  and,  that  they  have  been  since  published,  with  other 
depositions,  annexed  to  a  pamphlet,  designed  to  defame  the  pro 
vince,  with  regard  to  the  unhappy  affair  of  the  5th  of  March. 

The  conduct  of  the  Secretary,  in  this  affair,  is  not  only  a  breach 
of  trust  in  him,  and  injurious  to  the  character  and  honor  of  the 
Council,  but  is  destructive  of  all  freedom  of  speech  and  debate  ; 
and,  consequently,  a  breach  of  privilege,  the  most  essential  privil 
ege  belonging  to  the  Council,  or  that  can  belong  to  a  deliberative 
body. 

The  committee,  therefore,  are  humbly  of  opinion,  that  the  honor 
of  the  Council  requires  the  Board  to  adopt  the  following  resolu 
tions  : 

1.  Resolved,  That  Andrew  Oliver,  Esq.  Secretary  of  this  pro 
vince,  by  secretly  taking  minutes  at  Council,  of  what  was  said  by 
the  Members  in  their  debates ;    also,  by  signing  a  paper,  contain 
ing  those  minutes  5    and,  further,  by  giving  his  deposition  to  the 
truth  of  it,  has,  in  each,  and  all  those  instances,  acted  inconsist 
ently  with  the  duty  of  his  office,  and  thereby  is  guilty  of  a  breach 
of  trust. 

2.  Resolved.  That  the  said  Andrew  Oliver,  Esq.  inasmuch  as 
such  proceedings  are  destructive  of  all  freedom  of  debate,  is  guilty 
of  the  breach  of  a  most  essential  privilege  of  this  Board. 

3.  Whereas  the  said  Andrew  Oliver,  Esq.  has  suggested,  in  his 
said  deposition,  that,  because  his  draft  was  allowed  strictly  to  ex 
press  the  truth,  it  would  not  stand  well  on  the  Council  records,  and 


MASSACHUSETTS  STATE  PAPERS.  273 

and  was,  therefore,  rejected  by  the  Council.  Resolved,  That  by 
such  suggestion,  he  has  injured  and  abused  the  Members  compos 
ing  the  Council  ;  and,  by  so  doing,  has  reflected  dishonor  on  this 
Board. 

4.  Resolved,  That  an  attested  copy  of  this  report  be  sent  to 
Mr.  Agent  Bollan,  that  he  may  make  the  best  use  thereof,  he  can. 
for  the  benefit  of  this  province. 


LETTER 

FROM  THE  COUNCIL  TO  WILLIAM  BOLLAN,  ESQ.  AGENT,  IN  ENGLAND. 
OCTOBER  30,  1770. 

Sir, 

WE  are  extremely  sorry  to  find,  by  your  letter  of  the 

;  and  otherwise,  how  unhappy  the  situation  of  our  pub 
lic  affairs  is,  on  the  other  side  of  the  water ;  and  that  it  is  proba 
ble  they  will,  in  the  next  session  of  Parliament,  be  the  subject 
matters  of  their  inquiry,  without  our  ever  being  notified  to  make 
answer  to  the  charges  exhibited  against  the  province,  or  of  de 
fending  the  Council,  in  particular.  This  is  so  far  from  being 
constitutional,  as,  that  perfect  innocence  is  no  protection  in  sucli 
a  case.  But  yet,  hard  as  it  is,  unconstitutional  as  it  is,  we  make 
no  doubt,  that  it  will  be  the  case,  unless  your  active,  vigorous 
efforts  prevent  it;  which,  from  the  experience  of  your  former 
.services,  we  are  very  confident  will  not  be  wanting.  On,  or  about 
the  6th  of  July  last,  it  is  very  likely  you  will  find,  that  a  com 
mittee  of  the  Lords  of  Council,  for  plantation  affairs,  in  their  re 
port,  which  was  accepted  by  the  Lords  of  Council,  gave  the  fol 
lowing  advice  to  his  Majesty,  that  Castle  William  should  be  taken 
into  his  own  hands,  and  garrisoned  by  his  own  troops ;  which 
hath  since  been  done  ;  the  Castle  delivered  up;  Capt.  Phillips, 
the  officers  and  privates,  sent  off,  and  now  entirely  in  the  hands 
of  the  regulars  ;  that  the  place  of  rendezvous,  for  the  King's  ships, 
in  North  America,  should  be  at  Boston;  accordingly,  Coin,  Hood 
came  from  Halifax,  with  his  squadron ;  he  was  soon  relieved  by 
the  arrival  of  Com.  Gambier.  And  now,  at  a  time  of  profound 
peace,  we  have  a  greater  number  of  men  of  war,  in  the  harbor  ol 
Boston,  than  was  known  in  time  of  war,  since  the  first  settlement 
of  the  country. 

The  following  charges  were  likewise  reported,  and  accepted  by 
the  Lords  of  Council,  requesting  his  Majesty  to  lay  the  same  be 
fore  the  Parliament,  at  their  next  session,  really,  that  our  consti 
tution  might  be  essentially  altered,  viz. : 

61  1st.  That  seditious  and  libellous  publications  are  encouraged. 


274  MASSACHUSETTS    STATE    PAPERS, 

and  go  unpunished,  manifesting  a  design  to  stir  up  the  people  to 
acts  of  violence  and  opposition  to  the  laws,  and  to  the  authority 
of  Parliament.  2d.  Goods,  liable  to  duties,  forcibly  landed,  with- 
out  paying  those  duties  ;  lawful  seizures  rescued  by  force  ;  offi 
cers  abused,  and  treated  with  violence,  whilst  doing  their  duty ; 
illegal  proceedings  of  the  town  of  Boston,  in  their  meetings  of 
June  13th,  and  September  12th,  1768,  and  the  Convention  at  Bos 
ton,  September  22d  ;*  a  combination  not  to  import  goods  from 
England  ;  and  the  several  resolutions  and  proceedings,  in  conse 
quence  thereof;  the  declarations  and  doctrines,  inculcated  by  the 
House  of  Representatives,  in  their  resolutions  and  messages  to  the 
Governor;  the  instructions  of  Boston  to  their  Representatives;* 
the  Council  disposed  to  adopt  those  principles,  and  to  countenance 
such  illegal  proceedings,  evidently  manifested,  in  their  backward 
ness,  to  join  with  the  Governor,  in  such  measures  as  were  neces 
sary  to  prevent  the  same  ;  their  meeting,  and  acting  as  a  Council 
of  State,  without  a  summons  from  the  Governor,  and  without  his 
presence,  and  printing  their  resolutions." 

These  are  the  charges,  we  conjecture,  his  Majesty,  by  advice  of 
Council,  will  lay  before  the  Parliament,  in  their  next  session; 
and,  it  is  pretty  certain,  the  Lieutenant  Governor,  in  a  letter  from 
the  Earl  of  Hillsborough,  hath  this  account.  A  committee  from  the 
Council  waited  upon  his  Honor,  for  a  copy  of  the  letter,  report, 
and  order,  so  far  as  it  respected  the  rights  of  the  province  and 
colony ;  but,  the  Lieutenant  Governor  told  the  committee,  that, 
by  his  instructions,  he  was  strictly  forbid  giving  one,  or  even  to 
mention  them,  by  speech  or  message,  to  either  House.  These 
charges,  the  Lords  of  Council  have  looked  into,  and  have  adjudged 
to  be  facts.  And,  therefore,  the  Parliament  is  only  to  determine 
the  punishment.  Such  a  conduct  as  this,  till  of  late,  is  not  to  be 
paralleled.  How  is  English  liberty  lost !  How  precarious  and 
uncertain  is  man's  liberty,  and,  even  his  very  life  !  For,  if  they, 
in  this  way,  can  take  away  the  former,  they  may  take  away  the 
latter.  They  may  as  constitutionally  determine,  that  every  Mem 
ber  of  his  Majesty's  Council  hath  been  guilty  of  high  treason,  and 
deny,  that  the  Parliament  would  make  an  act  for  your  punish- 
inent.f  Surely,  upon  application  for  time  allowed  us  to  answer, 
they  cannot  deny  you,  unless  corruption  reigns  without  control. 
But  still,  while  we  think  of  the  election  of  a  Member  for  Middle 
sex,  we  need  fear  every  thing.  Wherefore,  we  will  suggest  a  few 
things  to  you,  relative  to  the  charges  aforesaid,  so  for  as  the 
charges  respect  the  Council ;  we  say,  so  far  as  they  respect  the 
Council ;  not,  because  we  suppose  the  other  charges  true,  and  not 
to  be  answered  ;  but,  because  the  Council  are  not  the  proper  per 
sons  to  do  it,  and  it  might  be  taken  amiss,  if  we  should.  AS  tp 

*  See  Appendix, 
t  This  seems  obscure,  but  it  is  so  in  the  original. 


MASSACHUSETTS    STATE    PAPERS.  275 

the  first,  that  seditious  and  libellous  papers  going  unpunished,  &c. ; 
allowing  that  to  be  the  case,  where  doth  the  fault  lie  ?  Not  in 
the  Council.  Can  they  try  and  determine  these  matters  ?  In  this 
way,  they  have  nothing  to  do  with  them.  Why  is  there  not  a 
charge  against  the  House  of  Lords,  (which  is  the  summa  curia,) 
that  they  do  not  suppress  those  seditious  and  libellous  publications 
at  home  ?  If  we  have  any  amongst  us,  there  are  fifty  in  England 
to  one  here.  Must  the  English  constitution,  then,  so  far  as  it  re 
lates  to  the  House  of  Lords,  be  altered,  because  they  do  not  do 
that,  which,  bylaw,  they  cannot  do ;  and,  which,  if  they  did, 
would  be  an  infraction  of  the  constitutional  rights  of  Englishmen. 
If  such  publications  have  taken  place  here,  and  no  notice  has 
been  taken  of  them,  where  doth  the  fault  lie  ?  Surely  in  him  who 
acts  for  the  King,  as  his  Attorney,  in  his  not  drawing  indictments, 
summoning  witnesses  in  support  of  the  same,  and  then  laying  the 
whole  before  the  Grand  Jury ;  and,  if  he  hath  not  done  it,  the 
fault  is  not  in  the  Council,  unless  they  had  endeavored  to  prevent 
it,  which  is  very  far  from  being  the  case,  as  will  presently  be 
shown.  It  is  very  surprising,  that  administration  should  think  so 
highly  of  the  few  disorders  amongst  us,  when  the  provocations  from 
themselves  have  been  the  sole  cause  of  all.  For  us  to  be  deprived 
of  our  rights,  liberties,  and  privileges,  purchased  and  defended  by 
our  ancestors,  at  the  expense  of  so  much  treasure  and  blood,  (and 
not  by  the  Crown,)  purchased  by  them,  and  granted  to  them,  as 
an  inheritance;  and,  in  the  struggle  for  the  preservation  of  them, 
if  the  people  should  have  gone  a  little  too  far,  ought  there  not  to 
have  been  an  allowance  made  ?  Surely,  they  ought  never  to  be 
magnified  $  nor  could  they  so  by  any,  but  those  "  who  strain  at  a 
gnat  and  swallow  a  camel ;"  who  seek  nothing  so  much,  as  the 
destruction  of  an  injured,  abused  province,  at  all  adventures.  As 
to  the  Council  being  disposed  to  adopt  these  principles,  and 
countenance  such  illegal  proceedings,  evidently  manifested  in 
•their  backwardness  to  join  with  the  Governor,  in  such  measures 
as  were  necessary  to  restrain  and  suppress  them,  there  is  nothing, 
that  was  ever  invented,  more  groundless.  After  his  Honor  the 
Lieutenant  Governor,  the  Secretary,  Judge  Trowbridge,  and  other 
very  respectable  gentlemen,  were  left  out  of  the  Council,  Gover 
nor  Bernard  apprehended,  that  there  was  no  duty,  no  loyalty  left 
at  the  Council  Board,  and  gave  the  prerogative  up  as  lost ;  and 
this  he  often  declared  :  We  say,  that  after  this,  there  was  a 
message  to  both  Houses,  from  the  Governor,  relative  to  a  libel 
against  him,  published  in  one  of  the  Boston  newspapers.  The 
House  took  it  up  of  themselves ;  the  mobbish  Board,  as  he  had 
represented  them,  chose  a  committee  to  take  the  message  into 
consideration.  The  committee  reported,  which  was  unanimouslv 
accepted  by  the  Council,  and  presented  by  the  Board  to  the  Gov 
ernor,  as  their  answer  to  his  message.  He  was  extremely  pleased, 
and  passed  the  highest  panegyric  upon  the  Council  that  could  be 


276  MASSACHUSETTS  STATE  PAPERS. 

passed  ;  assuring  them,  that  he  would  write  to  the  Secretary  of 
State,  that  he  might  acquaint  his  Majesty  with  the  loyalty,  duty, 
and  fidelity  of  his  Council  of  the  Massachusetts  Bay ;  and,  if  he 
was  as  good  as  his  word,  he  did  it;  and  his  letter  can  be  pro 
duced.  What  he  said  of  the  Council  then,  was  strictly  true  ;  for, 
words  could  not  express  greater  abhorrence  of  the  libel,  than  that 
answer  conveyed.  Could  a  Council,  which  he  is  so  fond  of  hav 
ing  now,  have  done  more  than  they  then  did  ? 

Again,  can  this  charge  on  the  Council  be  true,  when  he  never 
once  desired  a  proclamation  might  issue,  with  advice  of  Council, 
with,  or  without  a  reward,  just  as  he  was  pleased  to  draw  it,  but 
what  the  Council  advised  to  it.  In  many  cases,  this  was  done 
immediately  upon  his  hearing  the  story ;  and,  if  it  was  so  far 
against  the  province,  as,  that  he  could  improve  it  to  their  preju 
dice,  he  never  wanted  faith  to  believe  ;  for,  immediately  a  Coun 
cil  was  called,  and  advice  moved  for,  that  a  proclamation  might 
Issue,  and,  in  many  instances,  that  the  Attorney  General  should 
be  directed  to  prosecute,  and  never  once  denied.  The  Council, 
in  short,  were  so  desirous  that  his  Majesty's  honor  and  preroga 
tive  might  be  preserved,  and  so  afraid  that  he  should  take  excep 
tions  at  the  conduct  of  the  Council,  that,  in  sundry  instances, 
they  went  full  far  enough,  when  they  advised  to  issue  proclama 
tions,  and,  at  the  same  time,  the  matter  complained  of,  was 
scarcely  worthy  the  notice  of  a  single  Justice  of  the  Peace  ;  and, 
once  or  twice,  when  he  obtained  the  advice  of  Council,  no  pro 
clamation  issued.  In  these  cases,  we  suppose,  he  did  not  think 
we  should  have  advised  to  a  proclamation  ;  but,  then  he  intended 
our  refusal  as  a  charge  against  the  Council. 

During  his  administration,  there  were  proclamations  issued,  with 
;idvice  of  Council ;  and  yet,  it  is  determined  by  the  Lords  of 
Council,  that  the  Massachusetts  Council  is  backward  to  join  the 
Governor,  in  measures  to  prevent  disorders ;  nay,  adopt  those 
principles,  and  use  measures  to  countenance  them  further.  Had 
there  been  any  Justices  of  the  Peace,  who  Governor  Bernard 
thought  failed  in  their  duty,  why  did  he  not  summon  a  general 
Council,  and  ask  their  advice  to  remove  them?  This,  he  never 
did.  It  was,  therefore,  time  enough  for  him,  or  any  one  else,  to 
assert  these  as  facts,  when  we  had  refused  ;  which,  we  repeat,  the 
Council  never  did. 

And,  since  the  absence  pf  Governor  Bernard,  how  many  procla 
mations  have  been  issued  ?  Particularly,  upon  Mr.  Hulton's,  one 
of  the  commissioners  of  the  customs,  complaint;  or  rather,  on  the 
Council's  first  hearing,  that  a  trespass  was  committed  upon  his 
house,  in  a  country  town,  about  four  miles  from  Boston,  in  the 
night,  when  he  and  his  family  were  a  bed  in  it ;  though,  at  the 
same  time,  the  Council  had  no  reason  to  think,  there  were  twenty 
persons  present,  when  the  trespass  was  committed,  or,  that  it 
would  have  been  committed  at  all,  had  he  been  in  Boston.  The 


MASSACHUSETTS    STATE    PAPERS.  277 

Council  are  unanimously  of  opinion,  that  the  greater  part  of  the 
town  of  Boston,  that  all  the  influential,  leading  men  in  it,  were 
anxiously  concerned  to  preserve  the  commissioners'  persons  from 
any  insult  or  abuse,  and  their  property,  from  the  appearance  of  a 
trespass.  Nay,  we  do  not  think  the  people  of  the  town  were  dis 
posed  to  injure  their  persons  or  property  ;  but  that,  on  the  con 
trary,  they  would  have  been  in  perfect  safety  in  Boston,  had  they 
continued  there.  We  persuade  ourselves,  that  the  Lieutenant 
Governor  will  do  the  Council  justice,  touching  these  things  of 
this  nature,  which  have  taken  place  during  his  administration. 
Our  surprise,  if  possible,  still  rises,  when  we  are  charged  with 
meeting,  and  acting  as  a  Council  of  State,  without  a  summons 
from  the  Governor,  and  without  his  presence,  and  printing  our 
resolutions.  We  are  put  to  a  difficulty  to  make  answer  to  this, 
as  there  is  no  truth,  or  even  shadow  of  truth,  in  it.  How  can  we 
prove  a  negative  ?  Had  there  been  mention  made  of  any  particu 
lar  time  and  case,  it  would  have  eased  us  of  this  impossibility. 
We  can  guess  only  at  this  :  there  was  an  affair  in  our  Legislative 
capacity,  which  would  have  been  finished  in  a  few  minutes  before 
the  Governor  prorogued  the  Court,  which  the  Governor  well 
knew.  He  did  not,  at  that  time,  act,  as  he  and  all  other  Gover 
nors  had  done  before  a  recess ;  namely,  to  ask  the  Council,  if  they 
had  any  thing  further  to  do ;  but,  instead,  except  by  the  Secre 
tary,  and  one  or  two  others,  who  were  near  him,  ordered  the  House 
up ;  and,  the  Court  was  then  prorogued,  without  our  completing 
what  we  were  upon,  in  our  Legislative  capacity  ;  and,  upon  sun 
dry  remonstrances  and  arguments  with  the  Governor,  he  permit 
ted  us  to  finish  what  we  were  then  upon  ;  and,  after  it  was  fin 
ished,  we  published  it.  We  do  not  see  any  crime  in  this,  nor 
even  in  our  meeting  together,  when  the  Governor  has  laid  a  charge 
against  the  Council,  even  without  his  summons  and  presence. 
The  necessity  of  the  thing  will  justify  such  a  conduct ;  otherwise, 
the  Council  of  this  province  are,  of  all  men,  the  most  unhappy; 
more  so,  than  any  individual  of  his  Majesty's  subjects,  in  his  ex 
tended  dominions  5  and  yet,  we  do  positively  declare,  the  Council 
never  once  met,  as  a  Council  of  Statefwithout  his  permission. 

Upon  the  whole,  considering  that  our  charter  differs  from 
most  others — they  being  of  grace — ours  not  so,  but  for  services  to 
be  done ;  and,  therefore,  in  the  nature  of  a  deed,  where  there  is  a 
valuable  consideration  paid  :  The  immense  sums  it  cost  our  an 
cestors  in  coming  over,  and  settling  an  howling  wilderness,  and 
purchasing  the  land  of  the  natives  ;  the  many  bloody  wars  they 
and  we  have  been  engaged  in,  all  at  our  own  cost,  have  now  made 
it  a  fruitful  field,  which  has  been  of  such  great  advantage  to  Eng 
land,  both  by  our  conquests,  our  fishery,  our  trade,  and,  what  of 
the  British  manufactures  have  been  consumed  among  us ;  so,  that 
in  every  respect,  we  have  exceeded  the  most  sanguine  hopes  and 
expectations,  for  the  real  service  of  the  Crown  :  Wo  infer,  that 


278  MASSACHUSETTS  STATE  PAPERS. 

to  deprive  us  of  our  charter,  or  the  liberty  of  choosing  Counsel 
lors,  which  comes  to  the  same  thing,  must  be  contrary  to  law, 
reason,  and  common  equity.  And,  we  doubt  not,  of  your  hearty 
concurrence  with  us,  in  using  your  best  endeavors,  to  prevent  the 
evils  meditated  and  threatened ;  which,  should  they  take  place, 
will  work  the  destruction  of  those  rights,  civil  and  religious,  which, 
we  think,  have  been  dearly  purchased,  and  never  forfeited. 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  TWO  HOUSES,' 
NOVEMBER  2,    1770. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

IT  appears  to  me  necessary,  that  I  should  inform  you,  that 
his  Majesty's  fifth  instruction  to  the  Governor,  requires  him  to 
observe,  that,  in  the  passing  of  all  laws,  the  style  of  enacting  the 
same  be,  by  the  Governor,  Council,  and  House  of  Representatives, 
and  no  other.  This  style  has  been  conformed  to,  except,  perhaps, 
in  a  particular  instance  or  two,  for  near  thirty  years,  without  the 
least  inconvenience. 

It  may  save  you  time,  and  prevent  increase  of  public  charges, 
to  let  you  know,  that  I  cannot,  upon  any  terms,  depart  from  this 
instruction.  If  I  could  be  made  sensible,  that  it  was  the  least 
damage  to  the  province,  I  would  humbly  represent  it  to  his  Ma 
jesty.  T.  HUTCHINSON. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT  GOVERNOR , 
NOVEMBER  6, 1770. 

May  it  please  your  Honor, 

IN  your  message  of  the  2d  instant,  you  are  pleased  to  inform 
the  two  Houses,  that  "  his  Majesty's  fifth  instruction  to  the  Gov 
ernor,  requires  him  to  observe,  that,  in  the  passing  of  all  laws,  the 
style  of  enacting  the  same,  be,  by  the  Governor,  Council,  and 
House  of  Representatives,  and  no  other."  This  House  have  taken 
the  importance  of  the  message  into  their  serious  consideration. 


MASSACHUSETTS  STATE  PAPERS.  279 

and  are  of  opinion,  that  the  words,  in  General  Court  assembled, 
are  not  merely  words  of  form,  but  of  substance,  and  necessary  to 
the  validity  of  every  act. 

By  the  royal  charter,  the  Governor  and  Council  are  vested 
with  some  powers  severally,  and  jointly  with  other  powers,  of 
acting  for  certain  purposes  in  their  departments,  when  the  Gen 
eral  Court  is  not  sitting  ;  but,  for  the  purpose  of  making  laws  and 
statutes,  there  is  no  power  given,  either  to  the  Governor,  Council, 
or  House  of  Representatives,  to  act,  but  when  they  are  assembled 
in  General  Court.  No  law,  therefore,  can  be  valid,  unless  it  be 
enacted  by  the  Governor,  Council,  and  House  of  Representatives, 
when  thus  assembled  ;  and  this,  we  apprehend,  must  appear  from 
the  parchment  roll,  wherein  the  act  is  recorded  ;  otherwise,  the 
record  itself  is  not  complete,  and  it  will  become  necessary  to 
resort  to  dehors  evidence,  to  prove  a  fact  essential  to  the  validity 
of  the  act,  which  is  against  the  established  rule,  respecting  re 
cords.  We  are  warranted  in  this  opinion,  from  the  invariable 
use  of  the  same  style  in  all  acts  of  Parliament ;  which  universally 
contain  that  express  averment,  that  they  were  passed  by  the  sev 
eral  branches  in  Parliament  assembled. 

We  cannot  conceive  any  reason,  why  the  words  should  be  dis 
agreeable  to  his  Majesty;  for,  we  must  suppose  it  to  be  his  plea 
sure,  that  all  acts  should  pass  in  such  form,  as  is  necessary  to 
make  them  effectual.  We  find  the  words,  in  General  Court  as 
sembled,  and  by  the  authority  of  the  same,  constantly,  and  inva 
riably  used  in  the  passing  of  laws,  from  the  beginning  of  the 
charter  until  within  thirty  years  past ;  if  your  Honor  should  con 
ceive  that  exception  was  taken  against  the  latter  words  only,  in 
the  clause,  you  would  then  conclude,  that  it  was  altogether 
through  inadvertence,  that  the  instruction  was  made  so  large  as 
to  extend  to  the  former. 

This  House  considers  the  words  to  be  of  substance,  and  neces 
sary  ;  and,  as  they  cannot  but  be  of  opinion,  that,  upon  further 
consideration,  they  will  so  appear  to  your  Honor,  they  hope  you 
will  think  yourself  at  liberty  to  admit  them,  in  the  passing  of  the 
bills  to  be  laid  before  you  ;  by  which  means,  time  may  be  saved, 
and  an  increase  of  public  charges  prevented. 

[The  committee  were,  Mr.  Leonard,  S.  Adams,  J.  Adams,  Maj. 
Hawley,  and  Mr.  Ingersol.] 


280  MASSACHUSETTS  STATE  PAPEJiS. 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
NOVEMBER  8,  1770. 

Gentlemen  of  the  House  of  Representatives) 

IN  your  message  to  me,  of  the  6th  instant,  you  have  declared 
yourselves  of  opinion,  that  the  words,  "  in  General  Court  assem 
bled,"  are  not  merely  words  of  form  in  our  laws,  but  of  substance, 
and  necessary  to  the  validity  of  every  act.  Had  your  opinion 
been  well  founded,  I  should  have  thought  it  surprising,  as  well  as 
unfortunate,  that  such  a  discovery  should,  for  thirty  years  toge 
ther,  have  escaped  the  Members  of  the  several  General  Assem 
blies,  all  the  gentlemen  of  the  law  concerned  in  our  Executive 
Courts,  and  all  the  inhabitants  of  the  province  in  general.  But,  it 
appears  to  me,  that  there  is  not  the  least  foundation  for  your  opin 
ion.  The  style  of  a  law,  which  expresses  the  Governor,  Council, 
and  House  of  Representatives,  expresses  that  authority,  which, 
by  charter,  hath  the  power  to  make  laws ;  and  the  same  reason 
which  you  urge  for  adding  the  words,  "  in  General  Court  assem 
bled,"  will  hold  as  well,  for  further  adding,  "  by  the  King's 
writ ;"  "  under  the  province  seal  $"  "  signed  by  the  Governor  ;" 
"  issued  thirty  days  before  the  convening  5"  together  with  all  the 
other  requisites  for  forming  a  constitutional  General  Court ;  for, 
in  all  these  cases,  if  the  facts  do  not  appear  upon  the  roll,  it  may 
be  necessary  to  make  use  of  dehors  evidence,  as  in  the  case,  when 
the  words,  "  in  General  Court  assembled,"  are  not  inserted.  But, 
I  am  of  opinion,  this  sort  of  evidence  never  was,  and,  probably, 
never  will,  be  necessary  in  either  case. 

You  will  not  be  able  to  support  your  assertion,  that  acts  of 
Parliament  universally  contain  this  express  averment,  that  they 
were  passed  by  the  several  branches  in  Parliament  assembled. 
Many  ancient  statutes,  without  this  clause,  are  equally  in  force 
with  modern  statutes,  which  have  the  clause ;  and  modern  acts  of 
this  province,  without  the  clause,  you  contend  for,  are  equally  in 
force  with  ancient  acts  which  have  that  clause. 

I  am  not  acquainted  with  the  special  reason,  which  induced  his 
Majesty  to  restrain  the  Governor  from  consenting  to  an  act  with 
this  clause  in  it.  Perhaps,  it  was  merely  because  it  was  unne 
cessary  and  redundant.  Be  it  as  it  may,  I  cannot  depart  from 
my  instructions,  nor  make  my  humble  application  that  it  may  be 
withdrawn,  unless  I  could  see  that  it  is  an  abridgement  of  your 
rights,  or  tended  to  subject  the  province  to  inconvenience. 

I  cannot  help,  as  you  have  given  me  occasion  for  it,  putting  you 
in  mind,  that  you  are  now  in  the  seventh  week  of  the  session,  and 
that  scarce  any  of  the  public  business  is  yet  completed.  I  doub(r 


MASSACHUSETTS   STATE    PAPERS.  281 

not,  the  House  in  general,  wish  to  return  to  their  private  affairs  ; 
and,  I  have  reason  to  think  your  constituents,  in  all  parts  of  the 
province,  wish  to  see  all  obstructions  to  your  giving  greater  des 
patch,  removed.  I  must,  therefore,  repeat  my  recommendations 
to  you,  that,  in  concurrence  with  the  Council,  who,  I  am  very 
sure,  are  disposed  to  do  their  part,  you  will  prepare  the  business, 
now  before  the  Court,  to  be  laid  before  me,  that  the  session  may 
be  brought  to  an  end,  as  soon  as  possible. 

T.  HUTCHINSON. 


MESSAGE 

iROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT 
GOVERNOR,  NOVEMBER  15,  1770. 

May  it  please  your  Honor, 

WE  have  maturely  considered  your  message  to  this  House, 
of  the  8th  instant;  and,  we  cannot  but  observe,  with  great  con 
cern,  that,  by  virtue  of  instructions  to  the  King's  Governor  of  the 
province,  we  are  reduced  to  the  necessity  of  passing  laws,  in  such 
form,  as  to  render  them,  in  our  opinion,  ineffectual.  The  words, 
in  General  Court  assembled,  we  still  consider  to  be  so  substantial, 
that  we  are  as  much  surprized,  as  your  Honor  suggests  you  should 
be,  if  you  apprehended  our  opinion  was  well  founded,  that  such  a 
discovery  should,  during  thirty  years  together,  have  escaped  the 
Members  of  the  several  General  Assemblies,  &c. 

Your  Honor  is  pleased  to  say,  "  it  appears  to  you,  there  is  not 
the  least  foundation  for  our  opinion  ;"  and,  in  another  place,  that 
"  you  are  of  opinion,  that  this  sort  of  evidence  never  was,  and 
never  will,  be  necessary  in  either  case."  How  far  these  opinions, 
thus  precisely  given,  considering  your  Honor's  high  rank  in  the 
law,  ought  to  be  an  authority  to  us,  must  be  left  to  the  world  to 
judge ;  but,  if  that  authority  should  not  be  deemed  of  weight 
enough,  absolutely  to  decide  the  question,  this  House  is  of  opin 
ion,  that  the  decision  of  impartial  judges  will  not  be  in  favor  of 
the  sufficiency  of  the  late  style  used  in  enacting  our  laws. 

The  House  think  it  surprizing  and  unfortunate,  that  your  Honor 
should  assert,  that  "  the  style  of  a  law,  which  expresses  the  Gov 
ernor,  Council,  and  House  of  Representatives,  expresses  that  au 
thority,  which,  by  charter,  hath  power  to  make  laws."  In  order 
to  show,  whether  this  assertion  is  true  or  not,  we  beg  leave  to 
adduce  the  words  of  the  charter.  They  are  these,  viz.:  "We 
will,  and  by  these  presents,  for  us,  our  heirs,  and  successors,  do 
ordain  and  grant,  that  there  shall,  and  may  be  convened,  held,  and 
36 


282  MASSACHUSETTS    STATE    PAPERS. 

kept  by  the  Governor,  for  the  time  being,  upon  every  last  Wednes 
day  in  the  month  of  May,  every  year,  forever ;  and  at  all  such 
other  times,  as  the  Governor  of  our  said  province,  shall  think  fit 
and  appoint,  a  great  and  General  Court  or  Assembly  ;  which  said 
great  and  General  Court  or  Assembly,  shall  consist  of  the  Gover 
nor  and  Council,  or  assistants,  for  the  time  being,  and  of  such 
freeholders  of  our  said  province,  or  territory,  as  shall  be,  from 
time  to  time,  elected,  or  deputed,  by  the  major  part  of  the  free 
holders,  and  other  inhabitants  of  the  respective  towns  or  places, 
who  shall  be  present  at  such  elections,  &c. ;  to  which  great  and 
General  Court  or  Assembly,  to  be  held  as  aforesaid,  we  do  hereby 
for  us,  our  heirs,  &c.  give  and  grant  full  power  and  authority, 
from  time  to  time,  to  direct,  appoint,  and  declare,  &c."  And, 
afterwards,  we  find  the  same  great  and  General  Court  or  Assem 
bly  empowered  in  the  following  words,  viz. :  "  and  we  do,  of 
our  further  grace,  &c.  grant,  establish,  and  ordain,  for  us,  our 
heirs,  and  successors,  that  the  great  and  General  Court  or  Assem 
bly  of  our  said  province,  or  territory,  being  convened  as  aforesaid, 
shall  forever  have  full  power  and  authority  to  erect  and  consti 
tute  judicatures  and  courts  of  records,  or  other  courts,"  &c. 
And,  afterwards,  the  Governor,  and  the  great  and  General  Court 
or  Assembly,  are  empowered  in  the  following  words,  viz.  :  "  and 
we  do  further,  for  us,  our  heirs,  and  successors,  give,  and  grant 
to  the  said  Governor,  and  the  great  and  General  Court  or  Assem 
bly  of  our  said  province,  or  territory,  for  the  time  being,  full 
power  and  authority,  from  time  to  time,  to  make,  ordain,  and  es 
tablish  all  manner  of  wholesome  and  reasonable  orders,  laws,  sta- 
tuiej  and  ordinances,"  &c. 

\From  whence  it  is  certain  and  obvious,  that  the  style  of  a  law, 
which  expresses  the  Governor,  Council,  and  House  of  Representa 
tives,  does  not  express  that  authority,  which,  by  charter,  hath 
power  to  make  laws  ;  because,  the  Governor,  Council,  and  House 
of  Representatives,  have  no  authority  to  make  laws  by  charter, 
unless  they  are  convened  and  held  in  General  Court  or  Assem 
bly.  And,  we  may  venture  to  submit  to  your  own  consideration, 
whether  an  act  of  the  Governor,  Council,  and  House  of  Represent 
atives,  would  be  valid,  which  should  be  passed  by  each  of  those 
branches,  not  in  General  Court  assembled  ?  Should  a  bill  pass 
this  House,  and  be  sent  up  to  the  Board  in  the  present  session, 
and,  after  a  prorogation  of  the  General  Court,  be  concurred  by  the 
Council,  and  consented  to  by  the  Governor,  can  there  be  the  least 
foundation,  or  an  opinion,  that  such  bill  could  become  a  law  T\ 

The  House  is  astonished  to  hear  your  Honor  say,  thaF^the 
same  reason  which  we  urge  for  adding  the  words,  in  General 
Court  assembled,  will  hold  as  well,  for  further  adding,  by  the 
King's  writ;  under  the  province  seal ;  signed  by  the  Governor; 
issued  thirty  days  before  the  convening ;  together  with  all  the 
other  requisites  for  forming  a  constitutional  General  Court;"  be- 


MASSACHUSETTS   STATE    PAPERS.  283 

cause,  although  the  words.  Governor,  Council,  and  House  of  Re 
presentatives,  only  imply  the  King's  writ,  under  the  province  seal, 
signed  by  the  Governor,  and  issued  thirty  days  before  the  con 
vening,  yet,  it  does  not  imply  all  the  other  requisites  for  forming 
a  constitutional  General  Court ;  whereas,  the  Governor,  Council, 
and  House  of  Representatives,  in  General  Court  assembled,  ne 
cessarily  imply  all  these,  and  every  other  requisite;  and,  there 
fore,  these  appearing  on  the  record,  there  can  be  no  necessity  of 
recurring  to  so  great  an  absurdity,  as  evidence  dehors,  in  support 
of  a  record  of  the  highest  nature.  You  have  not  denied,  that  it  is 
a  known  and  approved  maxim  of  the  law,  that  every  record  must 
prove  itself  without  any  dehors  evidence  ;  nor  that  an  act  of  Par 
liament,  or  law  of  this  province,  is  not  a  record  of  the  highest 
nature ;  yet,  you  have  given  it  as  your  opinion,  that  dehors  evi 
dence  never  was,  and,  probably,  never  will  be  necessary  in  either 
case  5  which  seems  to  imply,  that,  if  in  any  case  it  should  be 
necessary,  it  may  be  admitted,  or  else,  that  every  thing  which  is 
necessary,  does  appear  upon  the  face  of  a  law,  without  these 
words,  in  General  Court  assembled,  notwithstanding  the  constant 
practice  of  Parliament,  for  more  than  five  centuries,  has  been,  to 
use  equivalent  words,  which  must,  upon  your  principles,  be  per 
fectly  unnecessary,  redundant  and  nugatory. 

Your  Honor  is  pleased  to  say.  we  shall  not  be  able  to  support 
our  assertion,  "  that  acts  of  Parliament  universally  contain  the 
express  averment,  that  they  are  passed  by  the  several  branches  in 
Parliament  assembled  ;"  and,  that  "  many  ancient  statutes,  with 
out  this  clause,  are  equally  in  force  with  modern  statutes,  which 
have  the  clause."  How  far  our  assertion  can,  or  cannot  be  sup 
ported,  we  appeal  to  the  statutes  at  large,  to  determine ;  and,  we 
may  venture  to  advance,  that  from  the  time  of  King  Edward  the 
First,  under  whose  reign  the  present  form  of  the  Legislature  took 
place,  and  the  two  Houses  of  Parliament  were  separated  from 
each  other,  which  is  now  five  hundred  years,  to  this  day,  there  is 
scarcely  a  single  statute  without  such  an  express  averment.  And, 
indeed,  other  expressions  equivalent  to  such  an  averment,  are 
used  in  almost  all  the  statutes,  that  are  more  ancient  than  the 
reign  of  Edward  the  First.  For  example,  in  the  statute  of  Mer- 
ton.  whjcjiwaa  in  the  twentieth  year  of  King  Henry  the  Third, 
A.D.  (H55^>we  find  this  averment,  "  it  was  provided  in  the  court 
of  our  jCord,  the  King,  holden  at  Mertcn,  on  Wednesday,  &c.  the 
twentieth  year  of  the  reign  of  King  Henry,  &c.  before  William, 
Archbishop  of  Canterbury,  and  others,  his  Bishops  and  suffragans, 
and  before  the  greater  part  of  the  Earls  and  Barons  of  England, 
there  being  assembled,  for  the  coronation  of  the  said  King,  and 
Hellianor,  the  Queen,  about  which  they  were  called,  when  it  was 
treated  for  the  commonwealth  of  the  realm,  upon  the  articles  un 
derwritten  ;  thus,  it  was  provided  and  granted,  as  well  of  the 
aforesaid  Archbishop,  Bishops,  Earls,  and  Barons,  as  of  the  King 


MASSACHUSETTS  STATE  PAPERS. 

himself,  and  others."  And,  in  the  statute  of  Marlbridge, 
was  in  the  fifty -second  year  of  King  Henry  the  Third,  A.D.\1267> 
the  averment  is  in  these  words  :  "  the  said  King  our  Lord,  pn5vtd- 
ing  for  the  better  estate  of  his  realm  of  England,  and  for  the  more 
speedy  ministration  of  justice,  as  belongcth  to  the  office  of  a  King, 
the  more  discreet  men  of  the  realm  being  called  together,  as  well 
of  the  higher,  as  of  the  lower  estate,  it  was  provided,  agreed,  and 
ordained,"  &c. 

It  is  true,  that  Magna  Charta,  an-d  Gharta  de  Foresta,  which 
have  not  such  an  express  averment,  are  sometimes  called  statutes ; 
but  these  are  not  only  the  most  ancient  monuments  which  are 
ever  called  statutes,  and  were  made  before  any  division  of  the 
Lords  from  the  Commons;  but  they  were  originally  intended  to 
be  charters,  and  were  accordingly  drawn  in  the  form  of  charters, 
and  executed  under  the  seals  of  the  Princes  who  gave  them,  and 
are  considered,  pleaded,  and  judged  on,  as  we  believe  are  all 
others  which  have  not  such  an  express  averment,  as  parts  of  the 
common  law,  rather  than  as  acts  of  Parliament.  So  that  we  are 
still  of  opinion,  that  there  is  no  statute  now  in  force,  that  is  plead- 
able  as  an  act  of  Parliament,  which  has  not  in  it  such  an  aver 
ment.  Many  ancient  institutions  are  still  in  force,  as  rules  of 
common  law,  which  are  not  pleadable  as  acts  of  Parliament. 
When  your  Honor  says,  that  modern  acts  of  this  province,  without 
the  clause  we  contend  for,  are  equally  in  force  with  ancient  acts, 
which  have  that  clause,  it  is  a  manifest  petition  of  the  principle 
disputed  between  your  Honor  and  the  House,  which  the  House 
catLfey  no  means  allow. 

fYpu  are  pleased  to  inform  us,  that  "  you  are  not  acquainted 
witlTthe  special  reason  which  induced  his  Majesty  to  restrain  the 
Governor  from  consenting  to  an  act  with  this  clause  in  it ;"  where 
then  is  the  freedom  of  the  Governor  of  the  province,  if  he  is  to 
govern  twenty -eight  years  together,  by  positive  instructions  from 
other  persons,  at  three  thousand  miles  distance,  without  being 
able,  in  all  that  time,  to  discover  any  reasons  for  them  ?  The  rea 
sons  which  induced  his  Majesty's  Ministers  to  dictate  this  instruc 
tion,  and  which  induce  Governors  to  be  so  fond  of  them,  we  fear, 
are  very  different  from  those  suggested  by  your  Honor ;  if  the 
words  are  unnecessary  and  redundant,  why  does  his  Majesty  con 
sent  to  them  in  so  many  instances,  every  session  of  Parliament  ? 
The  true  reason,  we  fear,  is  to  reduce  this  province  to  the  footing 
of  little  corporations  in  England,  and,  by  degrees,  to  pare  away, 
not  only  the  appearance,  but  the  substance  of  all  authority,  in  the 
great  and  General  Court  of  the  province. 

Upon  the  whole,  it  gives  us  great  and  just  concern  to  find  your 
Honor,  not  only  determined,  so  scrupulously  to  adhere,  even  to 
the  letter  of  this  instruction,  but  declaring  in  your  message,  your 
present  resolution  not  to  make  your  humble  application  to  his  Ma 
jesty  to  withdraw  it  5  so  that  the  General  Assembly  is  reduced  to 


MASSACHUSETTS    STATE    PAPERS.  285 

the  hard  alternative,  either  to  forbear  attempting  to  make  any 
laws  at  all,  however  urgent  the  exigencies  of  the  province  may  be, 
or  to  pass  them  in  such  an  inartificial  and  barbarous  style,  that 
they  may  hereafter  be  drawn  into  question  as  insufficient,  invalid, 
and  void.  For  what  reasonable  assurance  can  we  have,  that  some 
future  corrupt  administration,  to  effect  some  despotic  measure, 
and  to  injure  and  destroy  this  province,  may  not  move  this  excep 
tion  to  a  multitude  of  our  laws,  that  they  are  enacted  in  such  a  style, 
as  that,  from  the  face  of  them,  compared  with  the  charter,  they  ap 
pear  to  be  invalid  and  void,  and  in  struct  the  Governor  not  to  consent 
to  any  law,  to  cure  such  defect  and  imperfection.  Should  such 
an  exception  be  taken  advantage  of,  by  pleadings  in  our  courts  of 
law,  how  could  even  independent  judges  adjudge  such  laws,  not 
conformable  to  the  charter,  to  be  valid  ?  And,  if  independent 
judges  could  not,  what  is  to  be  expected  from  judges,  whose  com 
missions  shall  be  during  pleasure,  when  they  shall  know  it  to  be 
the  desire  of  administration  here  and  at  home,  that  such  acts 
should  be  adjudged  voTuJ/X 

Your  Honor  has  taken  occasion  to  put  us  in  mind,  in  your  mes 
sage,  that  we  were  in  the  seventh  week  of  the  session,  and  that 
scarce  any  of  the  public  business  was  then  completed.  Of  this, 
we  are  very  sensible,  and  have  long  wished  to  return  to  our  pri 
vate  affairs.  Had  your  Honor  considered  that  the  General  As 
sembly  has  been,  for  these  two  years  past,  so  interrupted  by  the 
chair,  either  by  dissolutions  or  long  prorogations,  that  they  have 
had  little  or  no  time  to  advert  to  the  internal  concerns  of  the  pro 
vince,  and  so  are,  on  that  account,  greatly  in  arrears,  perhaps 
you  would  have  spared  this  observation.  We  are,  however,  ac 
countable  to  none  but  our  constituents,  for  the  time  we  spend  in 
doing  the  part  of  the  public  business,  which  they  have  chosen  us 
to  transact;  the  great  inconvenience  of  our  sitting  in  this  place, 
hath  been  the  principal  reason  why  the  business  has  been  so  much 
retarded  ;  the  difficulty  would  have  been,  in  some  degree,  less,  it 
your  Honor  had  been  pleased  to  have  taken  your  residence,  where 
you  had  ordered  the  General  Assembly  to  be  held  and  kept.  If 
your  Honor  is  to  judge,  and  not  the  Council  and  the  House,  with 
how  much  deliberation  the  importance  of  every  case,  relative  to 
the  general  interest  of  the  people,  ought  to  be  consulted,  we  pray 
your  Honor  to  consider  of  what  importance  your  promise  was  to 
both  Houses,  in  your  speech  of  the  25th  of  July  last,  that  you 
would  patiently  wait  the  result  of  their  debates,  and  give  them  no 
interruption  therein.  We  doubt  not  but  our  constituents  wish,  as 
we  do,  to  see  all  obstructions  to  our  giving  greater  despatch,  re 
moved  for  the  future  5  and,  we  believe,  they  are  all  sensible,  that 
this  in  a  great  measure  depends  upon  your  Honor  ;  we  therefore 
repeat  our  earnest  request,  that  you  would  be  pleased  to  order 
the  next  session  of  this  Assembly  to  be  held  at  its  ancient  and 
established  place,  the  Town  House,  in  Boston,  where  the  remain- 


286 


MASSACHUSETTS    STATE    PAPERS. 


ing  part  of  the  business  of  this  year,  may  be  completed  with  much 
greater  despatch,  and  to  better  effect. 

[Committee  to  present  this,  Mr.  J.  Adams,  Maj.  Hawley,  Capt 
Thayer,  Mr.  Porter,  and  Mr.  Gardner.] 


RESOLUTIONS 

OF  THE  HOUSE  OF  REPRESENTATIVES,  NOVEMBER  16,  1770. 

WHEREAS  his  Honor  the  Lieutenant  Governor  of  the  province 
was  pleased,  by  his  Majesty's  writ,  to  summon  this  great  and  Gen 
eral  Court  to  meet  at  Harvard  College,  in  Cambridge,  on  the  last 
Wednesday  in  May  last,  and  has  never  assigned  any  reason  there 
for,  but  that  he  was  instructed  by  his  Majesty  so  to  do  : 

And,  whereas  this  House  did,  at  the  then  session,  remonstrate 
to  his  Honor  against  the  holding  the  said  General  Assembly  out 
of  the  town  of  Boston  ;  and,  did  also  come  into  a  resolution,  "  that 
notwithstanding  there  were  matters  of  very  great  importance  ly 
ing  before  the  Assembly,  which  they  were  very  desirous  of  enter 
ing  upon  and  completing;  nevertheless,  it  was  by  no  means  ex 
pedient  to  proceed  to  business,  while  the  General  Assembly  was 
thus  constrained  to  hold  the  session  out  of  the  town  of  Boston  ;" 
and  did,  thereupon,  pray  his  Honor  the  Lieutenant  Governor  to 
remove  the  General  Assembly  to  its  ancient  and  usual  seat,  the 
Town  House,  in  Boston  : 

And.  whereas  this  House  did  afterwards  resolve  to  adhere  to  the 
said  former  resolution  ;  the  reasons  of  which  resolution,  and  the 
vote  for  adhering  to  the  same,  are  set  forth  in  the  report  of  one 
committee  of  the  House,  made  on  the  6th,  and  of  another  com 
mittee,  made  on  the  12th  of  June  last : 

And,  whereas  his  Honor  the  Lieutenant  Governor  did,  in  hi* 
speech,  at  the  next  session  of  the  General  Assembly,  on  the  25th 
of  July  last,  strongly  recommend  to  the  House  to  proceed  to  the 
public  business  ;  and.  besides  a  repetition  of  much  that  he  had  be 
fore  urged,  was  pleased  to  suggest,  that,  by  the  compact  implied 
in  accepting  the  charter,  the  General  Assembly  was  obliged  to  do 
business  wherever  it  should  be  convened  ;  to  which  the  House 
returned  a  full  answer,  in  their  message  of  the  31st  of  July; 
wherein,  among  other  things,  they  say,  that  being  thus  convened, 
they  were  the  sole  judges  of  the  proper  time  to  do  their  part  of  the 
business  of  the  province;  and,  that  his  Honor  might  as  well,  ac 
cording  to  the  Tresilian  doctrine,  prescribe  to  them  what  particu 
lar  business  they  should  do,  and  in  what  order,  as  control  them  in 
this  point : 


MASSACHUSETTS    STATE    PAPERS.  287 

Resolved,  That  notwithstanding:  the  great  variety  of  arguments 
with  which  his  Honor  has  labored  the  point,  in  his  several  speeches 
and  messages,  yet,  it  is  clearly  the  opinion  of  the  House,  that 
they  were  within  the  bounds  of  the  constitution,  and  fully  sup 
ported  and  vindicated : 

Nevertheless,  inasmuch  as  his  Honor  the  Lieutenant  Governor, 
in  his  speech  to  both  Houses,  at  the  opening  of  the  present  session, 
was  pleased  to  say,  that  there  were  matters  of  a  very  interesting 
nature  to  the  province,  which  might  be  determined  before  we 
might  have  another  opportunity  of  acting  upon  them  : 

And,  in  his  message  to  this  House,  of  the  4th  of  October,  he  was 
pleased  further  to  say,  that  the  state  of  this  province  would  be 
laid  before  the  Parliament  at  the  ensuing  session  : 

And,  from  credible  intelligence  from  Great  Britain,  there  is 
reason  to  apprehend,  that  administration  are  determined  to  have 
great  alterations  made  in  our  valuable  charter,  if  not  wholly  to 
vacate  it ;  and,  at  the  same  time,  we  had  no  agent  to  appear  for  us 
at  the  Court  of  Great  Britain  : 

And,  whereas  it  appeared  to  this  House,  that  it  was  of  the  ut 
most  importance  to  the  province,  to  make  inquiry  into  the  causes 
of  the  public  grievances,  and  seek  a  radical  redress;  and,  particu 
larly  to  be  informed  of  the  reasons  of  the  garrison,  at  his  Majesty's 
Castle  William,  in  the  pay  of  the  province,  being,  since  the  last 
session,  in  a  new  and  unprecedented  manner,  withdrawn,  and  the 
fortress  surrendered  to  his  Majesty's  regular  forces :  For  these, 
and  other  most  weighty  considerations,  the  House  did,  at  the  be 
ginning  of  this  session,  resolve  to  proceed  to  the  public  business  ; 
at  the  same  time,  in  the  strongest  manner,  remonstrating,  and 
hereby  ordering  their  protest  to  be  entered  on  their  journal,  that 
they  were  constrained  to  proceed  to  business  out  of  the  town  of 
Boston,  from  the  most  pressing  necessity ;  and,  that  it  ought  never 
to  be  drawn  into  precedent,  but  under  the  like  necessity. 

[Committee  were,  Mr.  Wood,  Mr.  Hancock,  Gen.  Prebble,  Mr. 
S.  Adams,  and  Maj.  Reed/] 


MESSAGE 

BROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT 
GOVERNOR,  NOVEMBER  20,  .1770. 

May  it  please  your  Honor, 


288  MASSACHUSETTS  STATE  PAPERS. 

"  that  in  withdrawing  the  garrison,  which  was  paid  by  the  province, 
and  placing  a  garrison  there,  to  be  paid  by  the  King,  in  pursuance 
of  instructions  received  from  him,  we  had  no  grounds  to  infer,  that 
you  had  divested  yourself  of  the  right  given  you,  by  charter,  over 
that  fort,  in  common  with  other  forts  in  the  province."  Since 
which,  we  find,  by  the  tenor  of  the  orders  given  to  Capt.  Phillips, 
under  your  own  hand,  on  the  tenth  day  of  September  last,  that  you 
expressly  directed  him  "  to  deliver  the  possession  of  that  fort  to 
Lieut.  Col.  Dalrymple,  and  to  such  detachment  of  the  regular 
forces  then  on  the  island,  as  he  should  order ;"  which  was  done 
accordingly. 

And,  we  also  find,  by  the  deposition  of  Mr.  Stephen  Hall,  late 
chaplain  of  the  garrison,  whom  your  Honor  directed  to  attend  you, 
that  afterwards,  on  the  same  day,  being  then  at  the  Castle,  your 
Honor  personally  delivered  the  keys  of  that  fort  to  Lieut.  Col. 
Dalrymple,  as  commanding  officer;  declaring  that  you  did  it,  by 
"  virtue  of  authority  derived  from  his  Majesty  to  govern  this  pro 
vince,  and,  in  consequence  of  express  orders  from  the  Earl  of 
Hillsborough,  to  deliver  the  fort  into  the  hands  of  the  command 
ing  officer  of  the  King's  troops  then  upon  the  island,  to  be  garri 
soned  by  such  detachment,  or  detachments,  as  he  should  order." 
Yet,  you  are  pleased,  in  the  same  message,  to  say,  "  the  author 
ity  given  you  over  the  Castle  by  his  Majesty's  commission,  you 
have  exercised,  and  continue  to  exercise,  without  any  infringement 
of  jh&^ rights  of  the  people  by  charter,  or  otherwise." 

£We  consider  all  the  powers  and  authority,  given  by  the  charter 
to  me  Governor  of  the  province,  to  be  grants  for  the  benefit  of  the 
people,  which  cannot  be  resigned  without  injury  to  them.  By  the 
charter,  the  Governor,  or  Commander  in  Chief  of  the  province, 
for  the  time  being,  hath  the  right  to  commit  the  custody  and  gov 
ernment  of  all  torts  within  the  province,  to  such  person  or  per 
sons,  as  to  him  shall  seem  meet.  But  your  Honor  has  manifestly 
parted  with  that  right,  by  vesting  in  Lieut.  Col.  Dalrymple,  witli- 
out  any  reservation,  the  right  to  commit  the  custody  and  govern 
ment  of  Castle  William  to  such  person  or  persons,  as  to  him  shall 
seem  meet.  From  which,  it  appears  to  this  House,  that  you  have 
made  an  absolute  surrender  of  that  fort  to  his  Majesty's  forces, 
with  the  most  express  resignation  of  your  power  of  garrisoning  the 
same,  to  Lieut.  Col.  Dalrymple.  And  though  your  Honor  declar 
ed  you  did  it  by  virtue  of  authority  derived  from  his  Majesty,  to 
govern  the  province,  yet  you  have  no  authority,  either  by  the  char 
ter,  or  your  commission,  to  delegate  the  power  of  garrisoning  that 
Castle  to  any  other  person :  the  shew  of  the  authority  of  the  Gover 
nor,  then  held  uru  served  only  to  make  the  surrender  the  more  so 
lemn  and  formal.] 

We  further  find,  that  Lieut.  Col.  Dalrymple  accepted  the  keys 
of  your  Honor,  expressly  in  consequence  of  orders  from  Gen. 
Gage,  cautiously  avoiding,  as  we  conceive,  recognizing  any  subor- 


MASSACHUSETTS  STATE  PAPERS.  289 

dination  to  your  Honor  ;  and,  as  you  have  heretofore  repeatedly 
declared,  to  our  great  astonishment,  that  you  have  no  authority 
over  the  King's  troops  in  the  province,  \ve  have  good  grounds  to 
infer,  that  you  did  divest  yourself  of  the  right  given  you  by  char 
ter,  over  that  fort ;  and  the  rather,  because  you  informed  us  in 
your  speech,  at  the  opening  of  this  session,  that  u  you  were  pre 
vented  from  desiring  us  to  make  the  usual  establishment  for  the 
same."  And  it  is  absurd  to  suppose,  that  you  can  have  the  com 
mand  of  a  fort  thus  unreservedly  surrendered  to,  and  in  lull  pos 
session  of  such  troops. 

It  appears  to  the  House,  that  your  Honor  has,  in  this  instance, 
merely  in  obedience  to  instructions,  divested  yourself  of  a  power 
of  governing,  which,  by  the  charter,  is  vested  in  you  for  the  safety 
of  the  people  ;  and,  that  it  is  a  precedent  of  the  most  dangerous 
tendency.  We  do,  therefore,  in  faithfulness  to  our  constituents, 
warmly  remonstrate  against  it  as  a  very  great  grievance ;  and  earn 
estly  pray,  that  your  Honor  would,  in  tenderness  to  the  rights  of 
this  people,  take  effectual  measures,  that  the  power  of  garrisoning 
his  Majesty's  Castle  William,  may  be  restored  to  the  Governor  of 
the  province,  to  whom,  by  charter,  it  belongs. 

[The  committee,  by  whom  this  message  was  reported,  consisted 
of  S.  Adams,  Maj.  Hawley,  J.  Adams,  J.  Hancock,  Col.  Worth- 
mgton,  J.  Pickering,  and  Col.  Warren.] 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  LIEUTENANT  GOVERNOR, 
NOVEMBER  20,  1770. 

May  it  please  your  Honor, 

THE  House  of  Representatives  have  heretofore  viewed  with 
concern,  the  deplorable  state  of  the  militia  of  this  province;  but, 
have  hitherto  refrained  from  any  public  mention  of  it,  lest  some 
misconstruction  should  be  put  upon  it.  But,  by  the  last  advices 
from  Great  Britain,  the  nations  of  Europe  appear  to  be  on  the  eve 
of  a  general  war  ;  and,  perhaps,  America  may  be  the  object  in  the 
eye  of  some  of  those  nations.  And,  when  some  of  the  regiments 
within  this  province  are  destitute  of  field  officers,  and  many  com 
panies  without  captains  or  subalterns,  the  arms  of  the  militia,  we 
fear,  are  deficient,  and  military  discipline  too  much  neglected. 

Duty  to  his  Majesty,  and  a  regard  to  our  own  safety,  constrain 

us  to  address  your  Honor,  praying,  that  you  would  be  pleased,  as 

soon  as  may  be,  to  fill  up  the  vacancies  in  the  several  regiments, 

where  such  vacancies  are,  with  such  persons,  as  to  your  Honor 

37 


290  MASSACHUSETTS    STATE    PAPERS, 

shall  seem  meet  5  and,  that  your  Honor  would  be  pleased  to  use 
your  endeavors,  that  the  several  officers  carefully  discharge  the 
trust  reposed  in  them  ;  and,  should  any  amendments  in,  or  addi 
tion  to  the  laws,  for  regulating  the  militia  of  this  province,  be 
thought  needful  at  the  next  session  of  the  General  Court,  the 
House  of  Representatives  will  cheerfully  do  all  in  their  power, 
towards  putting  the  militia  on  a  respectable  footing. 

[The  committee  were,  Mr.  S.  Adams,  Capt.  Heath,  Mr.  Porter, 
Capt.  Brown,  and  Mr.  Dennie."] 


MESSAGE 

FROM  THE  LIEUTENANT  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
NOVEMBER  20,  1770. 

Gentlemen  of  the  House  of  Representatives, 

ON  the  7th  of  this  month  I  received  a  message  from  you,  in 
which  you  informed  me,  that  it  was  your  opinion,  a  law  without 
the  words,  in  General  Court  assembled,  in  the  enacting  part,  is 
not  valid,  and  you  offered  several  resolutions  in  support  of  your 
opinion.  The  next  day  I  sent  you  an  answer,  in  which  I  let  you 
know  my  opinion,  that  a  law,  without  those  words  in  the  enacting 
part,  is  valid,  and  I  gave  you  several  reasons  to  support  this  opin 
ion.  You  thereupon  sent  for  all  the  bills  which  lay  before  the 
Council,  caused  those  words  to  be  taken  out,  and  you  have  since 
passed  those  bills,  and  divers  others,  to  most  of  which  I  have 
given  my  assent,  without  the  words.  I  had  reason  to  think,  that 
the  majority  of  the  House  \vas  convinced  that  the  words  were 
unnecessary,  and,  I  expected,  that  I  should  hear  nothing  further 
upon  the  subject.  I  went  to  Cambridge  on  Saturday,  the  17th, 
with  an  intention  to  prorogue  the  Court.  Your  committee  soon 
attended  me  with  another  very  long  message,  in  which  you  again 
declare  your  opinion,  that  those  words  are  necessary,  and  that 
impartial  judges  will  not  be  in  favor  of  the  sufficiency  of  the  late 
style  used  in  enacting  our  laws. 

I  think  your  constituents  will  be  surprised  at  your  passing  so 
great  a  number  of  laws,  and  declaring,  immediately  after,  that  you 
judge  them  all  to  be  of  no  validity,  which  is  doing  all  in  your 
power,  as  a  House  of  Representatives,  to  induce  a  refusal  to  sub 
mit  not  to  them  only,  but  to  all  other  laws  which  have  been  made 
for  near  thirty  years  past.  If  I  had  been  of  opinion  that  those 
words  are  essential,  I  would  either  have  refused  my  assent  to  the 
bills,  lest  a  greater  mischief  should  arise  from  defective  laws,  than 
from  the  want  of  them ;  or,  if  I  had  given  my  assent,  I  would  cer- 


MASSACHUSETTS  STATE  PAPERS.  291 

tainly  have  done  nothing  which  should  prompt  the  people  to  deny 
the  authority  of  them.  To  prevent  this  mischief,  I  am  obliged  to 
continue  a  controversy,  which  I  wished  to  avoid,  and  to  show  that 
your  last  message  does  not  better  support  your  principle,  than  th« 
former  did.  Previous  to  it,  I  will  just  observe,  that  I  gave  you  no 
occasion  to  insinuate  that  I  supposedly  opinion  would  be  an  au 
thority.  You  had  expressed  yourselves,  in  your  message  to  me,  in 
these  words  :  "  this  House  are  of  opinion,"  and,  I  did  not- ima 
gine  it  would  be  deemed  arrogance  in  me,  to  say,  "  I  am  of  opin 
ion"  also  5  which  opinion  carries  the  greatest,  or  whether  either 
carries  any  authority,  I  have  not  determined. 

You  say,  you  think  it  surprising  and  unfortunate  that  I  should 
assert,  that  "  the  style  of  a  law  which  expresses  the  Governor, 
Council,  and  House  of  Representatives,  expresses  that  authority, 
which,  by  charter,  hath  power  to  make  laws;"  and  you  then  re 
cite  divers  paragraphs  from  the  charter,  and  declare  it  to  be  "  cer 
tain  and  obvious,"  that  those  words  do  not  express  that  power, 
"  because,  unless  the  Governor,  Council,  and  House  of  Repre 
sentatives  are  convened  and  held  in  General  Court  or  Assembly, 
they  have  no  authority,  by  charter,  to  make  laws  ;"  and  you  ven 
ture  to  submit  to  my  own  consideration,  whether  an  act  of  the 
Governor,  Council,  and  House  of  Representatives,  would  be  valid, 
if  passed  by  each  of  those  branches  not  in  General  Court  assem 
bled,  and  add,  "  should  a  bill  pass  the  House,  and  be  sent  up  to 
the  Board,  in  the  present  session,  and,  after  a  prorogation  of  the 
General  Court,  be  concurred  by  the  Council,  and  consented  to  by 
the  Governor,  can  there  be  the  least  foundation  for  an  opinion 
that  such  a  bill  could  become  a  law  ?" 

You  must  give  me  leave,  gentlemen,  to  be  astonished  in  my 
turn  !  You  certainly  have  not  thoroughly  considered  your  own 
powers,  and  the  nature  of  your  political  existence,  otherwise,  you 
must  have  discovered  that  there  can  be  no  act  of  the  Governor, 
Council,  and  House  of  Representatives,  except  in  General  Court 
assembled.  The  words,  "  House  of  Representatives,"  in  our 
laws,  are  technical,  and  used  in  an  appropriated  sense,  and  signify 
a  body  of  men,  who  are  an  essential  part  of  the  General  Court  o"r 
Assembly,  and  which  part  can  have  no  separate  existence  :  and. 
the  instant  the  General  Court  or  Assembly  is  dissolved,  the  House 
of  Representatives  is  annihilated ;  and,  the  instant  the  General 
Court  is  prorogued,  there  is  a  temporary  cessation  of  the  existence 
of  the  House,  or,  what  is  equivalent  to  it,  an  incapacity  of  exer 
tion  of  any  sort  of  powers  ;  and  by  all  rules  of  Parliamentary  pro 
ceedings,  all  your  committees  and  delegated  powers  of  every  kind, 
end  with  the  session ;  and  every  act  of  the  House,  not  made  a 
complete  act  of  the  Legislature,  by  the  concurrence  of  the  other 
branches,  becomes  a  nullity,  and  is  considered  as  if  it  had  never 
been.  The  orders  and  resolves  of  the  House  of  Commons  for  im 
prisonment  for  the  highest  contempt,  as  soon  as  the  Parliament  is 


292  MASSACHUSETTS  STATE  PAPERS. 

prorogued,  lose  their  efficacy,  and  the  offender  is  discharged.  I 
know  not  any  color  you  can  have  for  greater  authority  within  the 
province,  than  the  House  of  Commons  hath  within  the  realm.  If 
this  be  admitted,  you  may  just  as  well  suppose  the  Governor  and 
Council  to  concur  an  act  of  a  House  of  Representatives,  which 
never  existed,  which  is  a  palpable  absurdity,  as  an  act  of  a  House 
after  it  ceases  to  exist,  after  every  thing  doue,  while  it  had  an 
existence,  is  become  a  nullity.  Seeing,  then,  that  it  is  impossible 
for  the  Governor  and  Council  to  concur  an  act  of  the  House  of 
Representatives,  after  their  union  in  General  Court  or  Assembly 
ceases,  and  that  the  House  of  Representatives  can  have  no  exist 
ence,  but  as  a  part  of  the  General  Assembly  ;  whenever  the  Gov 
ernor  and  Council  are  named,  as  acting  with  the  House  of  Repre 
sentatives,  it  must  be  understood  in  their  joint  Legislative  capa 
city  ;  and,  consequently,  every  act  of  the  Governor,  Council,  and 
House  of  Representatives,  must  be  an  act  of  the  Governor,  Coun 
cil,  and  House  of  Representatives  "  in  General  Court  assembled." 
It  would  be  easy  to  show,  that  all  you  have  brought  from  the 
statutes,  will  not  disprove  what  I  advanced,  viz.  :  that  many  an 
cient  statutes  are  in  force  without  the  express  averment  you  al 
lege  ;  and,  I  think  it  may  likewise  be  made  to  appear,  that  the 
word  "  Commons"  in  acts  of  Parliament,  are  not  analogous  to  the 
word  "  House  of  Representatives"  in  our  provincial  laws ;  and 
that,  if  it  could  be  admitted,  that  additional  words,  or  another 
mode  of  diction,  would  be  more  full  and  expressive,  the  use  of  a 
less  expressive  form  of  words,  for  near  thirty  years,  without  inter 
ruption,  would,  notwithstanding,  be  sufficient  to  establish  the  form, 
to  give  it  a  technical  propriety,  and  to  render  all  exceptions  to 
itin,ere  cavils. 

^Tam  sorry  any  time  has  been  lost  in  a  matter  of  so  little  con 
sequence  ;  because,  I  am  not  able  to  acquaint  you  with  the  "  spe 
cial"  reason  which  induced  the  King  to  give  his  instruction,  although 
I  had  let  you  know  what  I  thought  myself  might  be  a  sufficient 
reason  ;  you  charge,  not  me  only,  but  all  my  predecessors,  for 
twenty-eight  years  past,  with  governing,  by  positive  orders  from 
other  persons,  at  three  thousand  miles  distance,  without  being 
able  to  discover  "  any"  reason  for  them  ;  and,  in  your  next  para 
graph,  you  express  your  concern,  that  I  am  determined  so  scrupu 
lously  to  adhere  to  the  letter  of  my  instruction,  as  not  to  make  my 
humble  application  to  his  Majesty  to  withdraw  it ;  but  you  take  no 
notice  of  the  reason  I  give  you,  viz.  :  because  it  did  not  appear  to 
me  to  abridge  you  of  any  of  your  rights^  or  to  subject  the  province 
to  any  inconvenience.  This  is  not  the  first  time  I  have  had  occa 
sion  to  complain  of  a  partial  and  injurious  representation  of  my 
messages,  in  order  to  give  a  more  specious  answer  to  them. 
~s  You  had  no  reason  to  be  displeased  at  my  putting  you  in  mind  *' 
of  the  length  of  the  session,  for  although  you  may  be  accountable 
to  your  constituents  only,  for  the  time  you  spend  in  doing  the 


MASSACHUSETTS  -STATE    PAPERS.  293 

public  business,  you  ought,  nevertheless,  to  remember,  that  when 
much  time  is  spent,  and  no  business  is  done,  my  duty  to  your  con 
stituents  requires  that  I  should  ease  them  of  the  burden  you  bring 
upon  them,  and  put  an  end  to  the  session,  unless  I  can  prevail 
with  you  to  alter  your  measures  and  proceed  to  business.  Of  the  , 
thirteen  weeks  which  the  Court  has  sat  since  May,  more  than 
seven  had  passed  before  you  entered  upon  business,  so  that  the 
unusual  length  of  your  session  cannot  be  attributed  to  former  dis 
solutions  or  prorogations,  especially,  as  the  Court  had  time  enough 
to  have  made  up  all  arrears  in  the  last  spring  session,  nor  have  you 
been  at  all  delayed  by  my  not  residing  at  Cambridge ;  the  first  day 
of  the  present  session,  I  was  prevented  by  tempestuous  weather, 
but  had  I  been  present,  I  did  not  intend  to  have  opened  the  Court 
until  the  next  day. 

Whether  it  was  owing  to  my  message,  or  to  any  other  special 
motive,  I  cannot  determine,  but,  immediately  after,  you  discover 
ed  a  resolution,  and  I  thank  you  for  it,  to  resist  and  remove  all 
the  unnecessary  obstructions,  which,  from  time  to  time,  had  been 
laid  in  your  way ;  and  you  have  done  more  business,  notwith 
standing  all  the  alleged  inconveniencies  from  the  place  of  hold 
ing  the  Court,  than  I  remember  to  have  been  done  in  the  like  space 
of  time,  since  I  have  had  any  share  in  public  affairs.  <_, 

This  morning  your  committee  attended  me  with  another  mes-  y 
sage  or  remonstrance,  relative  to  the  exchange  of  the  garrison  at 
the  Castle,  to  which  I  shall  give  no  other  answer,  than  that  there 
is  nothing  in  the  orders  I  gave  to  Capt.  Phillips,  which  does  not 
perfectly  consist  with  my  retaining  the  command  of  the  Castle, 
and  my  right  to  exchange  the  present  garrison  for  the  former,  or 
any  other,  as  I  shall  think  proper;  and,  that  Mr.  Hall,  the  Chap 
lain,  has  not  only  not  given  you  the  form  of  words  in  which  I  com 
mitted  the  custody  of  the  Castle,  "  according  to  the  charter,"  to 
Col.  Dalrymple,  but  has  substituted  words  which  carry  a  very 
different  meaning ;  he  has,  however,  with  great  modesty,  declared, 
that  he  was  not  able  to  recollect  the  words,  and  could  only  recol 
lect  the  impression  they  made  upon  his  rnind  ;  and  this  reserve  of 
his,  not  serving  your  purpose,  you  have  industriously  taken  care 
to  omit ;  and,  I  must  further  add,  that  the  formality  of  delivering 
the  keys  has  been  the  constant  practice,  when  the  Governor  has 
committed  the  custody  and  government  of  that  fort  to  any  person, 
at  three  or  four  instances  of  which  I  have  been  present ;  anj,Tyvhen- 
ever  he  calls  for  them  again,  such  person  must  deliver  the"mTl 

Your  other  message,  which  respects  the  militia,  is  of  great  im 
portance,  and  shall  meet  with  all  due  attention ;  and  I  hope  you 
will  join  with  me  in  further  effectual  provision  to  enforce  that 
due  obedience  to  the  orders  of  the  Captain  General,  and  of  the 
military  officers  under  him,  which  is  absolutely  necessary  to  ren 
der  the  militia  of  any  service;  which  orders,  in  some  late  instances, 
have  been  disobeyed. 


MASSACHUSETTS  STATE  PAPERS. 

Upon  the  whole,  gentlemen,  I  should  do  myself  injustice,  if  I 
did  not  observe,  that  it  gives  me  great  satisfaction  to  reflect,  that 
when  you  are,  by  every  way  in  your  power,  seeking  to  impeach 
my  conduct  since  I  have  been  in  the  chair,  you  have  been  unsuc- 
icessful  in  every  attempt.  You  will  always  endeavor  in  vain,  to 
move  me  to  give  up  to  you  any  part  of  the  prerogative  of  the 
Crown  ;  I  never  will  make  any  encroachment  upon  the  rights  of 
the  people.  T.  HUTCHINSON. 


MESSAGE 

FROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  TWO  HOUSES, 
APRIL  3,  1771. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

SINCE  we  were  last  assembled  in  General  Court,  the  tranquil 
lity  of  his  Majesty's  dominions  have  been  in  great  danger  of  being 
disturbed  by  the  violent  proceedings  of  the  Spanish  Governor  of 
Buenos  Ayres,  in  dispossessing  his  Majesty's  subjects  of  their 
settlement  at  Port  Egremont.  I  have  received  repeated  assur 
ances  from  the  right  honorable  the  Earl  of  Hillsborough,  one  of 
his  Majesty's  principal  Secretaries  of  State,  that,  if  matters  should 
come  to  extremities,  the  security  of  his  Majesty's  dominions  in 
America  will  be  a  principal  object  of  his  most  gracious  care  and 
attention.  A  plan  of  augmentation  of  his  Majesty's  forces  upon 
the  British  establishment,  has  already  been  determined  upon,  and 
his  Majesty's  pleasure  has  been  signified  to  me,  that  I  should  ex 
ert  my  utmost  endeavors  to  give  efficacy  and  despatch  to  this  plan, 
by  assisting  his  Majesty's  officers  to  raise  such  a  number  of  re 
cruits,  as  shall  be  sufficient  to  complete  the  several  battalions,  now 
serving  in  America.  I  have,  with  the  advice  of  his  Majesty's 
Council,  issued  my  proclamation,  inviting  and  requiring  his  Ma 
jesty's  faithful  subjects,  in  this  province,  to  engage  in,  and  pro 
mote,  according  to  their  several  stations  and  capacities,  a  service 
so  essential  to  their  security  and  defence. 

It  appears  probable,  by  the  last  intelligence  from  England,  that 
satisfaction  may  have  been  made  for  this  hostile  act  of  the  Span 
iards  ;  but,  as  I  have  received  no  authentic  advice  of  it,  and  have 
no  sufficient  reason  to  suppose  that  the  proposed  plan  of  augmen 
tation  will  be  receded  from,  I  shall  persevere  in  giving  encourage 
ment  to  it ;  and  if  any  act  of  legislation  shall  be  found  necessary. 
I  will  recommend  it  to  you,  and  readily  concur  with  you  in  it. 


MASSACHUSETTS    STATE    PAPERS.  295 

I  have  no  particular  interior  business  of  the  province  now  to 
lay  before  you.  The  stated  season  for  the  convening  a  new  As 
sembly,  agreeable  to  charter,  being  so  near,  I  choose  to  refer  to 
that  time  all  matters,  except  such  as  are  of  immediate  necessity, 
and  will  come  before  you,  of  course.  If  you  will  give  the  despatch 
which  is  requisite  on  your  part,  there  shall  be  no  delay  on  my 
part.  I  doubt  not,  as  the  most  busy  season  of  the  year  is  just  at 
hand,  you  wish  to  return  to  your  respective  homes  as  soon  as 
may  be. 

I  may  not  omit  acquainting  you,  in  form,  that  I  have  received 
his  Majesty's  commission,  appointing  me  Captain  General  and 
Governor  in  Chief,  in  and  over  the  province  ;  that  it  has  been 
published  in  the  usual  manner ;  that  I  have  the  most  grateful 
sense  of  the  honor  done  me  by  this  appointment  5  and  that  it  is  my 
sincere  desire  and  resolution  to  employ  the  powers,  with  which  I 
am  entrusted,  for  his  Majesty's  service,  and  for  the  best  interest 
of  the  people;  and  I  will  cheerfully  join,  at  all  times,  with  the 
other  branches  of  the  Legislature,  in  such  measures,  as  may  tend 
completely  to  restore,  and  constantly  to  maintain,  that  state  of 
order  and  tranquillity,  upon  which  the  prosperity  of  the  province 
so  much  depends.  T.  HUTCHINSON. 


MESSAGE 

FROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  APRIL  5,  1771.* 

Gentlemen  of  the  House  of  Representatives, 

As  soon  as  you  had  opportunity  for  it,  you  appointed  a  com 
mittee  to  present  me  a  verbal  message,  requesting  me  to  remove 
the  Court  to  its  ancient  and  legal  seat,  the  town  of  Boston.  Im 
mediately  after,  I  sent  for  you  to  the  Council  Chamber,  and  there 
recommended  to  both  Houses  to  proceed  upon,  and  give  despatch 
to  such  public  business  as,  in  the  common  course  of  our  affairs, 
lay  before  them.  I  do  not  know  how  I  could  more  fully  have  sig 
nified  to  you,  that  I  declined  complying  with  your  request.  But 
as  this  was  not  satisfactory,  and  you  have  sent  me  a  second  mes- 
sage,  I  must  tell  you,  in  the  most  explicit  terms,  that  I  cannot 
remove  the  Court  to  Boston.  •'?  .4 

I  have  done  my  endeavor,  that  all  the  obstructions  to  the  Courts 
sitting  in  Boston,  might  be  removed  ;  but  I  have  failed  in  my  en- 

*  The  House  sent  a  verbal  message  to  the  Governor,  on  the  first  day  of  the  session,  request- 
ing  him  to  remove  the  Court  to  its  ancient  and  usual  seat,  the  Town  House,  in  Boston.  OH 
the  5th,  they  sent  another  message,  making  a  similar  request. 


296  MASSACHUSETTS  STATE  PAPERS. 

deavor.  One  of  these  obstructions  is  your  denying,  in  effect,  the 
right  reserved  by  the  Crown,  to  convene  the  Court  in  such  place  as 
he  thinks  proper.  If  every  other  impediment  was  out  of  the  way, 
whilst  you  continue  to  urge,  that,  by  law,  the  (  ourt  must  be  held  in 
Boston,  I  may  not  ask  his  Majesty's  leave  to  carry  you  there.  I 
should  give  up  to  the  House  of  Representatives  a  right,  which 
would  have  remained  in  the  Crown,  if  no  notice  had  been  taken  of 
it  in  the  charter.  I  could  even  then  have  had  no  plea,  if  I  had 
been  called  to  answer,  except  my  ignorance  of  the  constitution  ; 
but,  now  it  is  expressly  reserved,  I  should  be  wholly  without  ex 
cuse. 

I  am  sensible  there  is  business  of  great  importance  before  the 
Court  5  but,  I  am  less  concerned  whether  you  proceed  to  act  upon 
it.  because,  it  is  but  a  short  time  before  I  shall  be  obliged,  by  char 
ter,  to  meet  a  new  Assembly  •  therefore,  if  you  decline  proceed 
ing,  I  shall,  without  delay?  put  an  end  to  the  session. 

T.  HUTCHINSON. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
APRIL  24,  1771. 

May  it  please  your  Excellency, 

[THE  House  of  Representatives  have  given  all  due  attention 
to  your  speech  to  both  Houses,  at  the  opening  of  this  session.  The 
violent  proceedings  of  the  Spanish  Governor  of  Buenos  Ayres,  in 
dispossessing  his  Majesty's  subjects  of  their  settlement  at  Port 
Egremont,  has  raised  the  indignation  of  all  who  have  a  just  con 
cern  for  the  honor  of  the  British  Crown.  Such  an  act  of  hostility, 
we  conceive,  could  not  but  be  followed  with  the  most  spirited 
resolution  on  the  part  of  the  British  administration,  to  obtain  a 
satisfaction  fully  adequate  to  the  insult  offered  to  his  Majesty,  and 
the  injuries  his  subjects  there  have  sustained.  Your  Excellency 
tells  us,  that  it  is  probable,  satisfaction  may  have  been  made  for 
this  hostile  act  of  the  Spaniards.  If  it  is  so,  the  public  tranquil 
lity  of  his  Majesty's  dominions,  so  far  as  it  has  been  disturbed  by 
this  unwarrantable  proceeding,  is  again  restored  ;  and,  therefore, 
it  seems  to  us  reasonable  to  suppose,  that  the  proposed  plan  of 
augmentation  of  troops,  on  the  British  establishment,  is  already- 
receded  from,  which  renders  any  consideration  upon  that  subject, 
|  on  our  part,  unnecessary. 

We  owe  our  gratitude  to  his  Majesty,  for  his  repeated  assur 
ances,  expressed  to  your  Excellency,  by  his  Secretary  of  State. 


MASSACHUSETTS    STATE    PAPERS.  29T 

that  the  security  of  his  dominions  in  America,  will  be  a  principal 
object  of  his  most  gracious  care  and  attention.  This  province  has 
frequently,  in  times  past,  expended  much  blood  and  treasure  for 
the  enlargement,  as  well  as  support,  of  those  dominions.  And, 
when  our  natural  and  constitutional  rights  and  liberties,  without 
which,  no  blessing  can  be  secure  to  us,  shall  be  fully  restored,  and 
established  upon  a  firm  foundation,  as  we  shall  then  have  the  same 
reasons  and  motives  therefor  as  heretofore,  we  shall  not  fail  to 
continue  those  exertions,  with  the  utmost  cheerfulness,  and  to  the 
extent  ef  our  ability. 

As  your  Excellency  has  no  particular  interior  business  of  the 
province  to  lay  before  us,  it  would  have  given  us  no  uneasiness, 
if  an  end  had  been  put  to  the  present  Assembly,  rather  than  to 
have  been  again  called  to  this  place ;  and,  we  are  unwilling  to 
admit  the  belief,  that  when  the  season  for  calling  a  new  Assem 
bly,  agreeable  to  the  charter,  shall  arrive,  your  Excellency  will 
continue  an  indignity,  and  a  grievance  so  flagrant,  and  so  repeat 
edly  remonstrated  by  botli  Houses,  as  the  deforcement  of  the 
General  Assembly  of  its  ancient  and  rightful  seat. 

Your  Excellency  is  pleased  to  acquaint  us  in  form,  that  you 
have  received  his  Majesty's  commission,  appointing  you  Captain 
General  and  Commander  in  Chief  in,  and  over  the  province. 
Your  having  had  your  birth  and  education  in  this  province,  and 
sustained  the  highest  honors  which  your  fellow  subjects  could,  be 
stow,  cannot  fail  to  be  the  strongest  motives  with  your  Excellency 
to  employ  those  powers  which  you  are  now  vested  with,  for  his 
Majesty's  real  service,  and  the  best  interest  of  this  people.  The 
duties  of  the  Governor  and  governed,  are  reciprocal ;  and  by  our 
happy  constitution,  their  dependence  is  mutual.  Nothing  can  more 
effectually  produce  and  establish  that  order  and  tranquillity  in  the 
province,  so  often  disturbed  under  the  late  unfortunate  admin 
istration  5  nothing  will  tend  more  to  conciliate  the  affections  of 
this  people,  and  ensure  to  your  Excellency  those  aids,  which  you 
will  constantly  stand  in  need  of,  from  their  Representatives,  th"an, 
as  a  wise  and  faithful  administrator,  to  make  use  of  the  public 
power  with  a  view  only  to  the  public  welfare.  And  while  your 
Excellency  shall  religiously  regard  the  constitution  of  this  pro 
vince  ;  while  you  shall  maintain  its  fundamental  laws,  so  neces 
sary  to  secure  the  public  tranquillity,  you  may  be  assured,  that 
his  Majesty's  faithful  Commons  of  this  province,  will  never  be 
wanting,  in  their  utmost  exertions,  to  support  you  in  all  such  mea 
sures,  as  shall  be  calculated  for  the  public  good,  and  to  render 
your  administration  prosperous  and  happy. 

[Committee,  Mr.  S.  Adams,  Maj.  Hawley,  Mr.  Hancock,  Col, 
Worthington,  Gen.  Ruggles,  and  Mr.  Greenleaf.] 
38 


298  MASSACHUSETTS  STATE  PAPERS. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
APRIL  25,  1771. 

May  it  please  your  Excellency, 

THE  House  of  Representatives,  after  inquiry  of  the  Secreta 
ry,  cannot  be  made  certain  whether  you  have  yet  given  your  as 
sent  to  two  bills  which  were  laid  before  your  Excellency,  early  in 
this  session ;  the  one,  for  granting  the  sum  of  five  hundred  and 
six  pounds,  for  your  services  when  Lieutenant  Governor  and 
Commander  in  Chief;  and  the  other,  for  granting  the  usual  sum 
of  thirteen  hundred  pounds,  to  enable  your  Excellency,  as  Gover 
nor,  to  carry  on  the  affairs  of  this  province. 

And,  as  your  Excellency  was  not  pleased  to  give  your  assent  to 
another  bill,  passed  in  the  last  session  of  this  Assembly,  for  grant 
ing  the  sum  of  three  hundred  and  twenty-five  pounds  for  your 
services,  when  in  the  chairr  as  Lieutenant  Governor,  the  House 
are  apprehensive  that  you  are  under  some  restraint;  and,  they 
cannot  account  for  it  upon  any  other  principle,  but  your  having 
provision  for  your  support  in  some  new  and  unprecedented  man 
ner.  If  the  apprehensions  of  the  House  are  not  groundless,  they 
are  solicitous  to  be  made  certain  of  it,  before  an  end  is  put  to  the 
present  session  ;  and,  think  it  their  duty  to  pray  your  Excellency 
to  inform  them,  whether  any  provision  is  made  for  your  support, 
as  Governor  of  this  province,  independent  of  his  Majesty's  Com 
mons  in  it. 

[The  Committee  by  whom  the  above  was  reported,  were,  Mr. 
S.  ^darns,  Col.  Warren,  Mr.  Hancock,  and  Maj.  Foster.] 


MESSAGE 

FROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  APRIL  26,  1771. 

Grentlemen  of  the  House  of  Representatives, 

I  COULD  not,  consistently  with  my  duty  to  the  King,  give  my 
assent  to  the  bill  passed  the  last  session,  for  granting  three  hun- 
dred  and  twenty -five  pounds  for  my  support.  Before  the  close  of 
the  present  session,  I  shall  assent  to,  or  reject  the  bills  which  shall 
have  passed  the  two  Houses,  as  it  shall  appear  to  me  the  same 
duty  requires  of  me. 


MASSACHUSETTS    STATE    PAPERS.  299 

You  are  solicitous  to  be  informed,  "  whether  any  provision  is 
made  for  my  support,  as  Governor  of  the  province,  independent  of 
his  Majesty's  Commons  in  it."  By  the  expression,  "  his  Majes 
ty's  Commons,"  I  suppose,  you  would  be  understood  to  intend  the 
House  of  Representatives.  I  must  observe  to  you,  that  the  King, 
Lords,  and  Commons,  our  supreme  Legislature,  have  determined 
it  to  be  expedient  to  enable  his  Majesty  to  make  a  certain  and  ad 
equate  provision  for  the  support  of  the  civil  government  in  the 
colonies,  as  his  Majesty  shall  judge  necessary. 

1  will  not  enter  into  a  dispute  with  you  upon  the  propriety  of 
this  provision.  It  may  not,  however,  be  amiss  to  acquaint  you, 
that  I  have  not  received  the  full  instructions  and  other  append 
ages  to  his  Majesty's  commission,  which  I  have  reason  to  expect. 
When  I  shall  receive  them,  I  will  communicate  such  parts  of  them 
to  the  House  of  Representatives,  as  I  shall  think  for  his  Majesty's 
service. 

In  the  mean  time,  I  am  the  only  sufferer  by  declining  or  de 
laying  my  assent  to  any  bil Is  for  my  support ;  and,  I  think  your 
constituents  will  not  blame  me  for  being  willing  to  avoid  bur 
dening  them  with  this  support,  by  the  increase  of  the  tax  upon 
their  polls  and  estates,  while  there  is  any  probability  that  it  may 
have  been  provided  for  in  another  way. 

T.  HUTCHINSON. 


[In  May,  1T71,  when  the  Members  of  the  Court  met  in  Cam- 
bridge,  on  the  day  of  general  election,  the  House  of  Representa- 
tives  chose  a  committee,  composed  of  Messrs.  J.  Otis,  S.  Adams,  J. 
Hancock,  and  D.  Leonard,  to  prepare  a  remonstrance  to  the 
Governor,  against  holding  the  Assembly  in  that  place,  as  they  had 
repeatedly  done  before.  It  is  unnecessary  to  give  the  remon 
strance,  as  it  contains  nothing  but  what  had  been  urged  before,  on 
the  subject.  It  was  contended,  that  Boston  was  the  only  legal, 
constitutional,  and  convenient  place  for  holding  the  General 
Court.  The  Council  and  House  of  Representatives,  however, 
proceeded  to  the  choice  of  Counsellors,  all  of  whom  were  ap 
proved  by  thfc  Governor,  but  J.  Hancock,  and  J.  Bowers.] 


300  MASSACHUSETTS    STATE    PAPERS. 

SPEECH 

OF  THE  GOVERNOR  TO  THE  TWO  HOUSES,  MAY  30,  1771. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

IT  is  with  pleasure  that  I  now  inform  you,  that  the  account? 
which  I  thought  myself  warranted  to  transmit  to  England,  the  last 
fall,  of  the  general  disposition  in  the  people  of  the  province,  to 
promote  order  and  a  due  submission  to  government,  gave  the 
greatest  satisfaction  to  his  Majesty,  who  has  nothing  more  at  heart, 
than  to  see  his  subjects  in  a  state  of  happiness,  peace,  and  pros 
perity.  By  making  these  the  great  objects  of  the  administration, 
1  shall  advance  the  real  interest  of  the  province,  and,  at  the  same 
time  do  that  duty  to  the  King,  which  he  requires  of  me. 

The  common  interior  business  of  the  province,  necessary  to  be 
acted  upon  at  this  session,  I  need  not  particularly  point  out  to 
you.  The  state  and  circumstances  of  that  part  of  the  province, 
which  lies  to  the  east  and  north  of  Penobscot  River,  where  settle 
ments  are  every  day  making,  by  persons  who  have  no  color  of 
title,  I  am  required  by  the  King,  to  recommend  to  your  serious 
consideration.  I  think  the  people  deceive  themselves  with  a 
groundless  expectation,  of  acquiring  a  title  by  force  of  possession. 
I  know  that  his  Majesty  is  displeased  with  such  proceeding  ;  and, 
I  have  reason  to  apprehend,  that  a  longer  neglect  of  effectual  mea 
sures  on  our  part,  to  prevent  any  further  intrusions,  and  to  re 
move  those  already  made,  will  occasion  the  interposition  of  Par 
liament,  to  maintain  and  preserve  the  possession  of  this  country  or 
district,  for  the  sake  of  his  Majesty's  timber,  with  which  it  is  said 
to  abound.  I  recommended  this  important  business  to  the  As 
sembly  of  the  last  year,  at  their  session  in  September.  The  Coun 
cil  thought  it  necessary  then  to  be  acted  upon,  but  the  House  re 
ferred  it  to  the  next  session,  and  then  let  it  drop  without  further 
notice. 

The  state  of  the  militia  deserves  your  consideration.  A  bill 
passed  the  two  Houses  the  last  year,  in  which  the  defects  or  fail 
ures,  are  attributed  to  the  officers,  and  they  are  subjected  to  addi 
tional  penalties.  It  did  not  appear  to  me  that  the  officers,  except 
in  a  few  instances,  were  chargeable  with  neglect  of  duty.  In  gen 
eral,  the  militia  are  backward  in  appearing  upon  military  musters, 
and  that  subordination,  which  distinguished  this  government  in  the 
day  of  our  forefathers,  is  lost ;  particularly,  in  the  town  of  Bos 
ton,  a  company  makes  so  small  show  upon  a  muster  day,  that  the 
officers,  who,  1  doubt  not,  are  well  disposed,  and  wish  to  do  their 
duty,  are  under  great  discouragements.  This  is  partly  owing  to 
the  insufficiency  of  the  fine  for  not  attending  common  trainings ; 


MASSACHUSETTS    STATE    PAPERS.  801 

and  I  leave  you  to  consider,  whether  some  provision  is  not  also 
necessary  to  enforce  obedience  to  the  lawful  commands  or  orders 
of  the  Captain  General,  and  the  officers  under  him,  which  is  essen 
tial  to  a  well  regulated  militia.  As  the  laws  now  stand,  I  find  it 
difficult  to  prevail  with  the  most  proper  persons  to  take  military 
commissions.  If  additional  burdens  and  penalties  are  laid  upon 
officers,  their  discouragements  will  increase  in  proportion. 

I  cannot  help  flattering  myself,  that  the  Assembly  of  this  year, 
will  be  distinguished  by  a  zealous  regard  to  the  interest  of  the  pro 
vince  ;  and  I  hope  to  be  able  to  concur  in  sentiment  with  you  up 
on  all  matters  which  may  come  before  us. 

T.  HUTCHINSON. 


MESSAGE 

J?ROM  HIS  EXeELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  MAY  30,  1771. 

Gentlemen  of  the  House  of  Representatives, 

You  may  depend  upon  my  representing  to  his  Majesty,  by  the 
first  vessels,  the  inconveniencies  which  you  mention,  in  your  mes 
sage  of  yesterday,*  to  attend  your  sitting  in  any  other  place  than 
the  town  of  Boston.  I  am  restrained  from  holding  the  Court 
there,  without  his  Majesty's  express  leave.  I  will  endeavor  that 
every  obstacle  may  be  removed  ;  and,  upon  this,  and  every  other 
occasion,  to  convince  you  that  I  am  desirous  not  merely  of  pre 
serving  to  you  the  enjoyment  of  all  just  rights  and  privileges,  buf; 
of  procuring  every  convenience,  so  far  as  shall  consist  with  my 
duty  to  the  King.  T.  HUTCHINSON. 

*  The  Hoftse  had  sent  a  message  to  the  Governor,  stating  the  inconveniencies  of  holding 
tl*e  General  Court  out  of  Boston,  and  remonstrating  against  the  removal  thereof  from  tUu 
ancient  and  nsual  place,  as  a  grievance,  both  to  the  people  and  the  Members  of  the  Court, 


302  MASSACHUSETTS  STATE  PAPERS. 


PROTEST 

OF  THE  HOUSE  OF  REPRESENTATIVES  AGAINST  CONVENING  AND  HOLDING 
THE  COURT  OUT  OF  BOSTON,  JUNE  19, 1771.* 

HISTORY  furnishes  us  with  an  instance  of  an  act  of  Parlia 
ment  passed,  giving  the  force  of  laws  to  the  King's  proclamations : 
but  this  being  directly  subversive  of  the  constitution,  was  soon  re 
pealed.  Yet,  since  that  period,  an  act  has  been  labored  for,  to 
give  the  force  of  law  to  the  King's  instructions  to  the  Governors 
of  the  colonies  ;  arid  though  it  was  not  effected,  some  Governors 
have  appeared  to  consider  such  instructions  as  laws,  not  only  to 
themselves,  but  to  the  people.  Whereas,  nothing  can  be  more 
clear,  than  that  neither  proclamation  nor  instruction  ought  to  have 
any  such  force,  either  in  regard  to  the  Governor,  or  the  subject 
here. 

And,  although  it  may  be  within  the  prerogative  of  the  Crown,  in 
cases  of  plain  necessity,  to  summon  a  Parliament  to  some  other 
place  than  Westminster ;  and  so  of  a  Governor  of  this  province, 
in  like  cases  of  plain  necessity,  to  convoke  a  General  Assembly  to 
some  other  place  than  Boston,  its  accustomed,  ancient  place,  and 
where  alone  provision  is  made  for  it;  yet,  if  a  British  King  should 
call  a  Parliament,  and  keep  it  seven  years  in  Cornwall,  however 
his  Ministry,  as  usual,  might  shift  for  themselves,  their  master,  and 
his  affairs,  would  be  irretrievably  embarrassed  and  ruined.-  And  a 
Governor  of  this  province,  who,  in  order  to  harass  the  General 
Assembly  into  unconstitutional  and  unconscionable  measures, 
should  convene  and  hold  them  in  the  county  of  Berkshire  or  Lin 
coln,  would  render  himself  and  his  administration  justly  ridiculous 
and  odious. 

There  is  nothing  more  plainly  to  be  distinguished,  than  power, 
right,  and  prerogative,  and  the  abuse  of  such  power,  right,  and 
prerogative.  It  is  the  King's  prerogative,  to  pardon  all  crimes, 
from  trespass  to  high  treason  ;  but  if  the  King  should  pardon  all 
criminals,  there  would  be  an  end  of  his  government.  The  Com 
mons  have  the  sole  right  to  give  and  grant,  or  refuse  to  grant 
taxes  ;  but  if  they  should  refuse  to  give  any  thing,  there  would  be 
also  an  end  of  government.  Should  a  King  call  a  Parliament 
but  once  in  seven  years,  and  on  its  meeting,  instantly  dissolve  it. 
and  so  repeatedly,  a  few  such  repetitions  would  ruin  him,  and  be 
deemed  a  total  dissolution  of  the  social  compact.  Should  a  Gov 
ernor  of  this  province,  annually  convene  a  General  Assembly,  and 
before,  or  immediately  after,  the  election  of  Counsellors,  dissolve 

*  The  committee  who  prepared  this  protest,  were,  Mr.  J.  Otis,  Mr.  Denny?  Mr.  Hancock, 
and  Mr.  Adams.    The  object  of  this  protest  being  to  show  the  danger  of  having  instructions 
,    from  the  Ministry  or  Crown,  superior  ty  the  authority  given  by  the  charter,  rather  than  tc 
I    complain  of  the  Court's  sitting  in  Cambridge,  it  is  here  inserted. 


MASSACHUSETTS    STATE    TAPERS.  303 

such  Assembly,  as  the  conduct  would  be  similar,  the  inferences 
and  consequences  must  also  be  alike  ;  for  such  exercises  of  the 
prerogative  could  not  be  deemed  mistakes,  but  must  be  construed 
as  voluntary  and  corrupt  abuses  of  thj?.  prerogative,  and  a  total 
perversion  of  the  powers  of  which  it  consists.  Such  instances,  it 
may  be  said,  would  be  manifest  abuses  of  power  and  prerogative  ; 
and  it  is  most  clearly,  in  our  opinion,  an  abuse  of  the  power,  vest 
ed  by  charter,  in  the  Governor  of  this  province,  for  him,  from 
time  to  time,  unnecessarily,  or  merely  in  obedience  to  an  instruc 
tion,  without  exercising  that  judgment  and  discretion  of  his  own, 
which,  by  charter,  he  is  empowered,  and  is  in  duty  bound  to  exer 
cise  for  the  good  of  the  province,  and  not  for  the  preservation  of 
his  place,  to  convene  and  hold  the  General  Assembly  out  of  the 
town  of  Boston  ;  which  is  not  only  its  ancient,  but  also,  on  various 
accounts,  the  most  convenient  place  ;  more  especially,  as  ample 
provision  is  there  made  for  holding  the  Assembly,  in  costly  and 
commodious  buildings,  and  no  part  of  the  necessary  provision  is 
made  in  any  other  place  in  the  province. 

By  the  charter,  the  Governor,  with  other  civil  officers,  is  to  be 
supported  by  the  free  gift  of  the  General  Assembly  ;  and,  it  would 
be  dangerous  for  so  important  a  trust  as  that  of  convening,  ad 
journing,  proroguing,  or  dissolving  the  General  Assembly,  to  be 
placed  in  any  one,  who  is  not  thus  supported  by  the  free  grants  of 
the  people.  The  safety  of  the  people  requires,  that  every  power 
should  have  a  check  ;  by  the  charter,  therefore,  it  is  ordained, 
that  the  full  power  of  convening,  adjourning,  proroguing,  and  dis 
solving  the  Assembly,  shall  be  vested  in  the  Governor,  who  is  to 
reside  within  the  province,  and  is,  and  ought  to  be,  supported  by 
the  free  grants  of  the  people.  The  King,  by  the  charter,  has  cov 
enanted  and  granted,  that  the  Governor  shall  exercise  this  power 
"  as  he  shall  think  fit,"  or  "  judge  necessary,"  and  not  another ; 
an  endeavor,  therefore,  to  restrain  the  Governor  in  the  exercise  of 
this  power,  is  clearly  an  attempt  to  infringe  and  violate  the  char 
ter.  And  the  Governor,  in  our  opinion,  cannot,  consistent  with 
the  trust  and  duty  of  his  office,  refuse  or  delay  to  hold  the  Assem 
bly  in  the  place  which  is  evidently  the  most  convenient,  until  he 
shall  obtain  "  express  leave,"  from  the  King  or  his  Minister.  It 
is  so  far  forth  suspending  the  effect,  and  depriving  the  people  of 
the  benefit  of  the  royal  grant  made  to  them  in  the  charter.  To 
restrain  the  Governor  in  the  free  exercise  of  this  power,  at  once 
reduces  him  to  a  mere  machine  ;  and  deprives  us,  not  only  of  eve 
ry  charter  right,  but  of  all  freedom.  By  such  a  restraint,  a  free 
Assembly  would  be  subjugated  to  arbitrary  edicts  and  mandates ; 
for  if  an  instruction  is  as  obligatory  on  a  Governor,  as  some  con 
tend  for,  or  supersede  the  charter  in  one  instance,  it  may  in  a 
thousand,  or  in  all. 

Upon  the  foregoing  considerations,  this  House  think  it  their  in 
dispensable  duty,  in  discharge  of  the  sacred  trust  reposed  in  them 


304  MASSACHUSETTS    STATE    PAPERS, 

by  their  constituents,  and  for  the  sake  of  preserving  and  maintain 
ing,  as  far  as  may  be  in  their  power,  the  free  constitution  of  the 
province,  in  the  most  explicit  manner,  to  protest,  and  they  do 
accordingly  protest,  against  all  such  doctrines,  principles,  and 
practices,  as  tend  to  establish  either  ministerial,  or  even  royal 
instructions,  as  laws  within  the  province. 

And  further,  this  House  do  particularly  protest,  and  order  the 
same  to  be  entered  on  the  journal,  against  the  present  manner  of 
exercising  the  prerogative,  in  convening  and  holding  the  General 
Assembly  at  Harvard  College,  in  Cambridge,  merely  by  force  of 
instructions,  as  an  intolerable  grievance,  which  ought  speedily  to 
be  redressed. 

It  is  notorious,  that  former  Houses  have  borne  this  grievance 
with  great  moderation,  in  hopes  it  would  not  have  been  continued ; 
and,  although  the  present  House  is  inclined  to  judge  as  candidly 
as  possible,  of  the  intentions  of  administration  ;  yet,  it  is  the  clear 
opinion  of  the  House,  that,  if  after  all  the  remonstrances  that  have 
been  made  against  this  grievance,  it  should  not  speedily  be  re 
dressed,  it  will  then  become  plain  and  obvious,  that  the  power 
vested  in  the  Governor,  by  the  charter,  for  the  good  of  the  pro 
vince,  is  wittingly  perverted  to  a  very  different  end. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  HIS  EXCELLENCY'S  SPEECH,   AT 
THE  OPENING  OF  THE  SESSION,  JUI^E  14,  1771. 

May  it  please  your  Excellency, 

THE  House  of  Representatives  have  taken  into  consideration 
your  speech  to  both  Houses,  at  the  opening  of  this  session.  Your 
Excellency  is  pleased  to  inform  us,  that  you  thought  yourself  war 
ranted  the  last  fall,  to  transmit  to  England,  an  account  of  the 
general  disposition  of  the  people  of  this  province  to  promote  or 
der,  and  a  due  submission  to  government,  which  had  given  the 
greatest  satisfaction  to  his  Majesty.  Your  Excellency  must  be 
very  sensible  that  the  people  of  this  province  have  always  been 
disposed  to  promote  order,  and  a  due  submission  to  constituional 
authority;  and,  therefore,  we  humbly  conceive,  there  never  was  a 
time  when  your  Excellency  might  not  have  been  warranted  to  re 
present  us  in  such  a  point  of  light,  as  would  have  given  his  Majesty 
the  greatest  satisfaction  in  that  regard.  The  people,  it  is  true, 
have  been,  and  are  still,  with  abundant  reason,  discontented  with 
the  acts  of  Parliament,  for  raising  a  revenue  in  America,  without 
the  free  consent  of  their  own  Representatives  ;  and,  with  other  re- 


MASSACHUSETTS    STATE    PAPERS.  305 

gulattons  which  they  justly  apprehend  to  be  not  only  oppressive, 
but  destructive  to  their  constitutional  and  charter  rights.  This 
uneasiness  has  been  grossly  misrepresented  by  the  enemies  of  the 
province,  as  a  mark  of  disaffection  to  his  Majesty's  government. 

If  your  Excellency  will  be  pleased  to  employ  that  influence, 
which  your  advanced  station  in  the  province  now  gives  you,  in  ef 
fecting  a  redress  of  those  great  grievances,  you  will,  in  the  opinion 
of  this  House,  very  substantially  promote  the  real  interest  of  the 
province,  and  establish  order,  happiness,  peace,  and  prosperity  ; 
and  thereby  render  the  most  acceptable  service  to  the  people,  in  a 
manner  perfectly  consistent  with  duty  to  his  Majesty. 

With  regard  to  the  settlements  which  your  Excellency  is  pleased 
to  inform  us  are  every  day  making,  on  that  part  of  the  province, 
which  lies  to  the  east  and  north  of  Penobscot  River,  your  Excel 
lency  is  sensible  that  some  of  them  are  in  consequence  of  grants 
made  by  the  General  Assembly  of  this  province,  agreeable  to  the 
royal  charter ;  but  if  any  other  settlements  are  made  there,  with 
out  any  color  of  title,  the  House  apprehend  that  the  charter,  which 
is  the  first  law  of  the  province,  provides  a  sufficient  penalty  of  one 
hundred  pounds  sterling  for  every  trespass  on  the  King's  woods  ; 
and,  as  his  Majesty  has  been  pleased,  from  time  to  time,  to  ap 
point  a  surveyor  of  his  woods,  with  a  power  of  substitution,  whose 
duty  it  is  to  prevent  any  such  intrusions,  or  remove  them,  if  alrea 
dy  made,  the  House  are  of  opinion,  that  there  can  be  no  necessity, 
at  present,  of  the  interposition  of  this,  or  of  any  other  Legislative 
act  for  that  purpose. 

The  state  of  the  militia  of  the  province,  is  considered  by  this 
House,  as  a  subject  which  requires  the  most  serious  attention. 
The  Assembly  of  the  last  year,  for  the  important  purpose  of  better 
regulating  the  militia,  prepared  a  bill,  and  laid  it  before  your  Ex 
cellency.  We  cannot  agree  with  your  Excellency,  in  the  excep 
tions  which  you  are  pleased  to  mention  against  that  bill.  It  is 
apparent,  that  a  laudable  ambition  prevails  among  the  people  in 
many,  if  not  all  parts  of  the  province,  to  excel  in  the  military  art  5 
and  we  have  observed  with  great  satisfaction,  a  readiness  in  them 
to  appear  upon  musters,  and  cheerfully  to  obey  the  lawful  com 
mands  of  such  officers,  as  are  desirous  and  capable  of  doing  their 
duty.  If,  therefore,  your  Excellency  shall  have  regard  solely  to 
the  necessary  qualifications  of  the  persons  who  may  be  appointed 
to  the  military  command,  we  cannot  but  promise  ourselves,  that 
the  military  spirit  of  the  country  will  again  be  as  conspicuous  as 
it  was  in  the  days  of  our  fore  fathers,  and  thereby  his  Majesty's 
real  service,  and  the  safety  of  this  province,  greatly  promoted. 

We  flatter  ourselves,  that  the  present  Assembly  will  not  be 
wanting  in  the  same  zealous  regard  for  the  real  interest  of  the 
province,  which  distinguished  the  last  and  former  Assemblies. 
Your 'Excellency  may  be  assured,  that  this  House  will  exert  them 
selves  to  the  utmost,  in  promoting  the  honor  and  service  of  fei's 
39 


306  MASSACHUSETTS  STATE  PAPERS. 

Majesty,  and  in  maintaining  and  supporting  the  rights  and  liber- 
ties  of  the  people.  These  are  the  great  ends  of  government ;  and, 
while  we  keep  them  in  view,  we  shall  have  reason  to  expect  your 
Excellency's  concurrence  with  us  in  our  determinations  upon  all 
matters  of  importance  that  shall  come  before  the  Assembly. 

[The  committee,  by  whom  the  above  was  reported,  were,  Mr. 
Hancock,  Col.  Bowers,  Brig.  Prebble,  Mr.  Ingersol,  Mr.  Hobson, 
Maj.  Foster,  and  Mr.  Adams.] 


MESSAGE 

FROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  JULY  4,  1771. 

Gentlemen  of  the  House  of  Representatives, 

THE  Secretary  has  laid  before  me  an  engrossed  bill,  entitled 
an  act  for  apportioning  and  assessing  a  tax  of  fifteen  thousand 
pounds,  &c.  I  find  that  this  bill  is  of  the  same  tenor  with  the 
acts,  which  of  late  years,  have  been  annually  passed  by  the  Gen 
eral  Court.  By  virtue  of  those  acts,  the  assessors  in  several  towns, 
have  taxed  the  officers  of  the  Crown,  who  have  been  resident  in 
such  towns,  for  the  profits  they  receive  from  their  commissions, 
although  their  offices  have  no  peculiar  relation  to  this  province.  I 
doubt  whether  this  could  be  the  intent  of  the  former  acts  ;  but  as 
this  construction  has  been  put  upon  them,  I  cannot  sign  another 
act  in  the  same  form,  being  expressly  forbid  by  his  Majesty's 
twenty -seventh  instruction,  from  giving  my  consent  to  such  an  act, 
upon  any  pretence  whatsoever.  I  cannot  doubt  of  your  being  of 
the  same  sentiment  with  me,  that  such  a  general  clause,  as  is  now 
in  the  bill,  which  empowers  the  assessors  to  tax  all  commissions  of 
profit,  needs  some  qualification,  and  that  it  should  extend  no  far 
ther  than  to  commissions  which  peculiarly  relate  to  this  province ; 
otherwise  any  of  his  Majesty's  servants,  who  may  occasionally  re 
side  here  for  a  short  term,  may  be  taxed  for  the  profit  which  they 
receive  from  their  commissions  and  places  in  Great  Britain,  and 
every  other  part  of  his  Majesty's  dominions. 

T.  HUTCHINSON. 


MASSACHUSETTS   STATE   PAPERS.  307 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
JULY  5,  1771. 

4 

May  it  please  your  Excellency, 

THE  House  of  Representatives  have  taken  into  consideration? 
your  Excellency's  message  of  this  day.  The  reason  you  are  pleas 
ed  to  assign  for  withholding  your  assent  to  the  tax  bill,  is  surpris 
ing  and  alarming.  We  know  of  no  commissioners  of  his  Majes 
ty's  customs,  nor  of  any  revenue  his  Majesty  has  a  right  to  estab 
lish  in  North  America;  wejsjim-aqd  Jeejja  tribute,  levied  and 
extortecljf rpm  th  ose ,  who,  if  they  have  property,  have  a  right  to  the 
absolute  disposal  of  it. 

By  the  royal  charter,  it  is  expressly  granted,  that  the  General 
Assembly  shall  have  full  power  and  authority  to  impose  and  levy 
proportionable  and  reasonable  assessments,  rates,  and  taxes,  upon 
the  estates  and  persons  of  all  and  every,  the  proprietors  and  inhab 
itants  of  this  province.  Hence,  it  plainly  appears,  that  the 
power  of  raising  and  levying  taxes,  is  vested  in  the  General  As 
sembly  ;  and  that  power,  which  has  the  sole  right  of  raising  and 
levying  taxes,  has  an  uncontrolable  right  to  order  and  direct,  in 
what  way  and  manner,  and  u;*on  whom,  such  taxes  shall  be  raised 
and  levied.  Therefore,  for  your  Excellency  to  withhold  your 
assent  to  this  bill,  merely  by  force  of  instruction,  is  effectually 
vacating  the  charter,  and  giving  instructions  the  force  of  laws, 
within  this  province.  And  we  are  constrained  to  say,  that  your 
Excellency's  present  determination  is  to  be  governed  by  them, 
though  this  should  be  the  consequence.  We  must  further  observe, 
that  such  a  doctrine,  if  established,  would  render  the  Representa 
tives  of  a  free  people,  mere  machines  ;  and  they  would  be  reduced 
to  this  fatal  alternative,  either  to  have  no  taxes  levied  and  raised 
at  all,  or  to  have  them  raised  and  levied  in  such  a  way  and  man 
ner,  and  upon  those,  only,  whom  his  Majesty  pleases. 

As  to  the  operation  of  law,  mentioned  in  your  Excellency's 
message,  the  law  of  this  province,  at  least  in  this  respect,  has 
rightly  operated,  as  it  ever  ought  to.  And  we  know  no  reason, 
or  any  semblance  of  reason,  why  the  commissioners,  their  superior 
or  subordinate  officers,  who  are  equally  protected  with  the  other 
inhabitants,  should  be  exempted  from  paying  their  full  proportion 
of  taxes  for  the  support  of  government,  within  this  province. 

[The  committee,  by  whom  this  message  was  prepared,  were  J. 
Otis,  Capt,  Thayer,  Col.  Bowers,  S.  Adams,  and  Mr.  Denny.] 


308  MASSACHUSETTS    STATE    PAPERS. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
JULY  5,  1771. 

May  it  please  your  Excellency r, 

THE  General  Court,  in  their  present  session,  having  passed 
an  act,  to  inquire  into  the  rateable  estates  of  this  province,  and  the 
House  of  Representatives  being  very  desirous  to  complete  the 
same,  as  soon  as  may  be,  after  the  return  of  the  lists ;  they  there 
fore  desire  your  Excellency  would  be  pleased  to  give  the  Assem 
bly  an  opportunity  to  come  together  the  beginning  of  October  next, 
for  that  purpose. 


MESSAGE 

FROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  JULY  5,  1771. 

Gentlemen  of  the  House  of  Representatives, 

I  SHALL  always  consult  his  Majesty's  service,  as  to  the  time 
of  meeting  the  General  Assembly,  and  govern  myself  accordingly. 

T,  HUTCHINSON. 


MESSAGE 

FROM  THE  TWO  HOUSES,  TO  HIS  EXCELLENCY  THE  GOVERNOR, 
JULY  5,  1771. 

May  it  please  your  Excellency, 

YOUR  Excellency  having  refused  to  assent  to  the  grants  made 
at  the  last  session  of  the  General  Court,  to  Mr.  Bollan,  and  Mr. 
De  Berdt,  for  their  respective  services  in  England,  the  two  Houses, 
in  faithfulness  to  themselves,  and  those  they  represent,  are  con 
strained  to  remonstrate  to  your  Excellency  on  this  subject ;  and 
for  that  purpose  would  observe,  that  self  defence,  whether  it  re 
gards  individuals  or  bodies  of  men,  is  the  first  law  of  nature  ;  and, 
that  in  obedience  to  this  law,  this  community,  when  its  rights  and 
liberties  have  been  attacked,  have,  by  their  Representatives,  at 
different  times,  appointed  agents  for  their  defence.  Now,  al- 


MASSACHUSETTS  STATE  PAPERS.  309 

though  it  had  been  the  usual  practice  for  the  Governor  to  be  con 
cerned  in  that  appointment,  yet,  when  circumstances  became  criti 
cal,  and  the  dearest  rights  of  the  province  were  at  stake — when 
the  King's  ministers  appeared  resolved  to  infringe  those  rights. 
and  could  influence  the  Governor,  who  was  wholly  in  their  power, 
to  procure  an  agent  to  their  mind,  or  to  control  the  instructions 
that  might  be  prepared  for  him,  whereby  the  end  and  design  of  his 
appointment  might  be  frustrated  ;  when  this  was  the  case,  it  be 
came  fit  and  reasonable,  that  an  agent,  chosen  by  either  House, 
and  the  instructions  given  him  should  be  wholly  independent  of 
the  Governor ;  and,  consequently,  it  must  be  fit  and  reasonable, 
that  the  pay  and  support  olf  such  agent,  should  not  be  obstructed 
by  the  Governor. 

The  same  reasoning  is  applicable  to  the  appointment  of  the 
agent  by  the  Council ;  with  regard  to  which,  it  may  be  observed, 
that  when  heavy  and  repeated  charges  had  been  laid  against  them, 
by  the  late  Governor,  Sir  Francis  Bernard,  of  Nettleham,  Baronet, 
designed  and  calculated  not  only  to  asperse  their  characters,  but 
to  affect  the  charter  of  the  province,  the  necessity  of  the  case  re 
quired  they  should  defend  themselves  against  those  charges.  The 
right  of  defence,  which  is  necessary  to  guard  and  preserve  every 
other  right,  is  founded  in  natural  justice  and  common  law,  which 
do  not  suffer  any  one  to  be  condemned,  without  being  first  heard, 
and  their  defence  considered  ;  and  of  this  right  they  cannot  be 
deprived,  without  being  deprived  at  the  same  time  of  their  politi 
cal  existence. 

The  Council  are  an  order  of  men  instituted  by  charter,  and 
were  censured  by  the  said  Governor,  in  their  public  capacity ;  a  par 
ticular  charge  being  made  upon  them,  their  sole  authority  was  suf 
ficient  and  proper  to  answer  it ;  and  the  Council  being  a  constitu 
ent  part  of  the  body  politic,  their  defence  was  as  necessary  to 
the  good  of  the  whole,  as  the  care  and  preservation  of  an  essential 
part  is  to  the  body  natural.  The  Council  being  an  essential  part 
of  the  body  politic,  or  incorporated  province,  and  their  defence 
being  necessary  and  beneficial  to  the  whole,  the  province  is  charge 
able  to  pay  for  such  defence,  and  consequently,  no  Governor,  or 
other  person,  can  justly  obstruct  the  payment. 

The  right  of  defence  includes  a  right  to  all  the  means  requisite 
and  proper  for  that  defence,  and  consequently,  a  right  to  appoint 
and  support  their  own  defender ;  without  this,  the  freedom  and 
benefit  of  defence  would  be  taken  away,  where  they  cannot  appear 
in  their  own  persons.  — •* 

From  the  foregoing  observations,  the  two  Houses  think  it  ap-  I 
pears,  very  manifestly,  that  they  have  a  just  and  clear  right,  both 
jointly  and  separately,  to  appoint  agents  for  themselves,  without 
the  concurrence  of  the  Governor ;  and,  that  the  great  principle  of 
self  defence  inherent  in,  and  necessarily  active,  in  all  bodies  capa 
ble  of  action,  makes  it  unfit  and  unreasonable,  that  the  Governor  s 


310  MASSACHUSETTS  STATE  PAPERS. 

should  refuse  his  assent  to  grants  made  to  such  agents,  for  their 
services  to  the  province. 

As  the  grants  made  at  the  last  session,  cannot  operate,  new 
grants  have  been  made  to  the  said  agents,  this  present  session, 
which  now  lie  before  your  Excellency  ;  to  which  grants,  the  two 
Houses  hope,  your  Excellency  will  give  your  assent.  1 


SPEECH 

OF  THE  GOVERNOR  TO  THE  TWO  HOUSES,  JUJ.Y  5,  1?71. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE  continued  the  session  longer  than  has  been  usual  at 
this  season  of  the  year,  that  you  might  have  the  full  time  you  de 
sired  for  transacting  the  public  and  private  business  which  came 
before  you,  and  it  gives  me  pleasure  to  reflect,  that,  in  general,  a 
good  harmony  has  subsisted  between  the  several  branches  of  the 
Legislature.  In  some  parts  of  your  proceedings,  I  have  not  been 
able  to  concur  in  sentiment  with  you  ;  particularly, 

Gentlemen  of  the  House  of  Representatives, 

I  cannot  help  disapproving  of  a  certain  instrument  which  you 
voted,|in  consequence  of  a  message  from  me,  and  which  you  have 
caused  to  be  entered  upon  your  journal,  and  to  be  printed  in  the 
public  newspapers.  I  am  obliged  to  make  some  remarks  upon  it, 
before  I  put  an  end  to  the  session,  although  it  has  not  been  ad- 
dressed  to  me  in  the  usual  form.  By  this  instrument,  you  protest, 
as  you  express  it,  first,  against  whatsoever  tends  to  establish  min- 

<*      isterial  or  royal  instruction  as  laws  within  the  province;    and, 

secondly,  against  holding  the  Court  in  Cambridge,  merely  by  force 

i  *   of  instructions,  as  an  intolerable  grievance,  which  ought  speedily 

-w    to  be  redressed. 

The  first  part  of  your  protest  was  altogether  unnecessary,  and 
can  have  no  good  effect,  but  may  alarm  the  people  when  they  are 
in  no  danger  ;  for,  by  the  tenor  of  my  commission,  notwithstand 
ing  I  am  required  to  follow  the  King's  instructions,  I  am  to  make 
the  charter  and  the  laws  of  the  province,  the  rule  of  my  adminis 
tration  ;  and,  upon  these  fundamentals,  all  my  instructions  are 
framed ;  and  if  ever  you  shall  think  that  you  have  ground  to  ac 
cuse  me  of  departing  from  the  charter  and  the  established  laws,  I 
promise  you  that  I  will  not  avail  myself  of  an  instruction  for  my 
justification  or  excuse  5  but,  if  I  happen  to  differ  from  you  upon  the 


MASSACHUSETTS  STATE  PAPERS.  311 

construction  of  the  charter  or  your  laws,  you  must  allow  me  to 
govern  myself  by  my  own,  rather  than  by  your  judgment. 

The  second  part  of  your  protest,  appears  to  me,  to  be  repugnant 
to  what  has  been  admitted  for  more  than  four  score  years,  to  be  a 
part  of  your  constitution ;  for.  notwithstanding,  you  confine  your 
protest  to  my  removing  the  Court  from  Boston,  by  force  of  an  in 
struction,  you  may,  with  equal  reason,  extend  it  to  any  act  whatso 
ever  done  by  force  of  instructions.  I  must  deal  plainly  with  you, 
gentlemen,  and  let  you  know  that  I  cannot  consider  myself  at 
liberty  to  depart  from  the  King's  instructions,  in  any  matters, 
which  are  not  repugnant  to  the  charter  and  to  the  established  laws; 
and  it  is  not  the  preservation  of  my  place  which  influences  me, 
but  a  sense  of  my  duty  to  the  King,  and  the  preservation  of  his 
just  prerogative.  It  is  a  new  doctrine  advanced  by  the  last  As 
sembly,  that  the  King,  by  reserving  to  himself  the  power  of  nom 
inating  and  appointing  a  Governor,  hath  divested  himself  of  the 
right  of  instructing  him.  If  this  had  been  the  case,  why  did  the 
Assembly,  in  1 692,  thankfully  receive  Sir  William  Phips'  commis 
sion,  which  was  published  at  the  same  time  with  the  charter,  and 
which  expressly  required  him  to  execute  his  trust,  according  to 
such  powers  and  instructions,  as  he  should  receive,  pursuant  to 
the  charter  and  to  the  established  laws  ?  Why  has  every  Assem 
bly  since,  until  the  Assembly  of  the  last  year,  submitted,  without 
any  exception,  to  commissions  of  the  same  tenor  ?  In  the  contro 
versy  with  Governor  Burnet,  in  1728,  the  Assembly  would  not 
admit  that  his  instructions  should  bind  them,  but  they  never  pre 
tended  that  they  did  not  bind  him. 

Your  observation,  that, by  the  charter,  the  Governor  is  to  convene 
the  Court,  from  time  to  time,  according  to  his  discretion,  or  as  he 
shall  judge  necessary,  and,  therefore,  that  the  King's  instruction 
ought  not  to  control  him,  does  not  distinguish  this  case,  because 
every  power,  where  there  is  no  special  limitation,  is  to  be  exercised 
according  to  discretion,  or  as  shall  be  judged  necessary.  I  must 
further  observe  to  you,  that  before  the  date  of  your  charter,  Gov 
ernors  in  the  plantations,  were  required  to  execute  their  trusts 
pursuant  to  the  instructions  they  received  from  the  Crown. 
When  the  Crown,  by  charter,  reserves  to  itself  the  power  of  ap 
pointing  a  Governor,  this  reserve  must  be  understood  to  mean  a 
Governor  under  the  like  restrictions  with  other  the  King's  Gover 
nors,  unless  there  be  further  words  to  signify  the  contrary.  I 
know  of  no  such  words  in  the  charter. 

His  Majesty  expects  from  me,  on  the  one  hand,  that  I  make  no 
invasion  upon  any  of  your  rights  5  but,  then,  on  the  other  hand,  he- 
enjoins  me  to  give  up  no  part  of  his  prerogative.  I  know  that  the 
messages  and  resolves  of  the  House  the  last  year,  which  asserted, 
that  the  Governor  is  not  held  to  the  observance  of  this  instruction, 
were  very  displeasing  to  the  King  :  I  am,  therefore,  tinder  an  ad 
ditional  obligation  to  bear  my  testimony  against  the  like  assertion- 


312  MASSACHUSETTS  STATE  PAPERS. 

I  would  not,  however,  have  labored  to  explain  points,  so  clear  in 
themselves,  if  I  was  not  apprehensive,  that  your  constituents  are 
liable  to  be  prejudiced  in  favor  of  the  proceedings  of  their  Repre 
sentatives,  and  that  there  is  danger,  if  I  had  been  silen^t,  that  this 
instrument  would  retard  that  quiet  and  contentment  which,  I 
doubt  not,  the  gentlemen  of  the  House,  in  general,  who  voted  for 
it^wish  to  see  fully  restored. 

QUhall  only  observe  upon  your  message  presented  me  this  day, 
in  answer  to  my  message  to  you  of  yesterday,  that  whatever  may 
the  rights  of  the  General  Assembly,  in  matters  of  taxation,  the 
Crown  hath  certainly  reserved  to  itself  the  prerogative  of  disal 
lowing  every  law  of  what  nature  soever ;  and  as  the  disallowance 
of  a  tax  act,  after  it  is  in  part  executed,  would  cause  great  per 
plexity,  I  think  that  his  Majesty's  instruction  pointing  out  to  you, 
through  me,  his  servant,  those  parts  of  your  tax  acts  which  he  dis 
approves  of,  should  be  considered  as  an  instance  of  his  tenderness 
and  paternal  regard  to  his  subjects,  and  that  it  is  not  liable  to  the 
least  exceptiojjf  I  shall  transmit  my  messages,  and  this,  your  ex 
traordinary  answer,  to  be  laid  before  his  Majesty. 

Gentlemen  of  the  Council,  and 

p"-    Gentlemen  of  the  House  of  Representatives, 

I  have  given  my  consent  to  the  bills  and  votes  which  have  passed 
the  two  Houses  this  session,  as  far  as  I  could,  consistent  with  my 
duty  to  the  King,  and  with  the  interest  of  the  province. 

Upon  mature  consideration  of  the  grants  made  to  William  Bol-. 
Ian,  Esq.  and  to  the  executors  of  Dennys  De  Berdt,  Esq.  by  the 
last  Assembly,  I  refused  my  consent.  I  cannot  yet  see  reason  to 
alter  my  sentiments  ;  and  the  objections  to  my  signing  the  grants, 
made  this  session,  to  the  same  persons,  to  which  your  message  of 

V  this  forenoon  refers,  are  rather  increased  than  lessened. 

••— -  T.  HUTCHINSON, 


LETTER 

FROM  ARTHUR  LEE,  ESQ.*  TO  THE  SPEAKER  OF  THE  HOUSE  OF  REPRESEN 
TATIVES,  DATED  LONDON,  SEPTEMBER  22,  1771. 

Sir, 

IN  obedience  to  the  order  of  the  House  of  Representatives, 
which  you  did  me  the  honor  of  conveying  to  me,  the  23d  Novem 
ber,  1770, 1  have  inquired  at  Dr.  Franklin's  lodgings,  he  himself 
being  absent,  for  despatches  from  you  ;  but  I  have  found  none.  It 

*Mr.  Lee  was  of  Virginia,  and  he  was  intimate  with  Dr.  Franklin,  then  agent  for  the  pro 
vince  in  England.  He  was  a  zealous  advocate  for  the  rights  of  the  colonies,  and  strenuously 
opposed  the  arbitary  measures  of  the  British  Ministry  at  that  period. 


MASSACHUSETTS    STATE    PAPERS.  313 

shall  continue  to  be  my  care  to  attend  to  the  business  of  the  pro 
vince,  till  the  Doctor's  return. 

It  is  now  the  dead  time  of  the  year,  and  nothing  is  passing  worthy 
your  attention.  Parliament,  without  some  unexpected  emergency, 
will  not  meet  till  after  Christmas. 

The  Commissary  of  Virginia  is  now  here,  with  a  view  of  pro 
secuting  the  scheme  of  an  American  Episcopate.  He  is  an  artful, 
though  not  an  able  man.  You  will  consider,  sir,  in  your  wisdom, 
whether  any  measures  on  your  side,  may  contribute  to  counteract 
this  dangerous  innovation.  Regarding  it  as  threatening  the  sub 
version  both  of  our  civil  and  religious  liberties,  it  shall  meet  with 
all  the  opposition  in  my  power. 

With  very  great  satisfaction  I  have  learnt,  from  the  late  pro 
ceedings  of  the  House,  that  you  have  determined  to  resist  any  new 
invasion  of  your  rights,  as  well  as  to  remonstrate  against  those 
that  are  already  passed.  It  was  such  vigilance  and  perseverance 
in  our  illustrious  ancestors,  that  redeemed  our  constitution  when 
equally  invaded  ;  and,  I  trust  in  God,  that  these  virtues  in  you 
will  be  crowned  with  the  same  success. 

May  the  peace  of  God  rest  among  you,  to  prosper  your  councils, 
and  protect  the  province. 

I  have  the  honor  to  be  your  most  obliged  and  faithful  servant, 

ARTHUR  LEE. 

Na.  3,  Essex  Court,  Middle  Temjile. 


SPEECH 

OF  THE  GOVERNOR  TO  THE  TWO  HOUSES,  APRIL  8,  1772. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE,  from  time  to  time,  regularly  transmitted  the  applica 
tions  which  have  been  made  to  me  in  former  sessions,  to  convene 
the  General  Court  in  the  town  of  Boston,  together  with  the  mes 
sages,  resolves,  and  votes,  of  every  kind,  which  have  passed  upon 
that  subject,  and  they  have  all  been  laid  before  the  King.  This  is 
all  I  could  do,  consistent  with  my  duty  ;  for,  as  I  have  before  ob 
served  to  you,  I  prorogued  the  Court  to  Cambridge,  upon  a  sig 
nification  of  his  Majesty's  pleasure  to  that  purpose,  and  I  may  not 
remove  it  to  Boston  without  his  Majesty's  permission. 

Our  most  gracious  Sovereign  is  ever  ready  to  afford  a  favorable 
attention  to  such  petitions  and  requests  of  his  subjects,  as  do  not 
tend  to  injure  the  constitution,  and  are,  in  other  respects,  reasona- 
40 


314  MASSACHUSETTS    STATE    PAPERS, 

ble  to  be  granted  ;  bind  if  you  had  desired  me  to  carry  the  Court 
to  Boston,  because  iFis  the  most  convenient  place,  and  the  pre 
rogative  of  the  Crown  to  instruct  the  Governor  to  convene  the 
Court  at  such  place  as  his  Majesty  may  think  proper,  had  not  been 
denied,  I  should  have  obtained  leave  to  meet  you  at  Boston,  at 
this  time ;  but  I  shall  not  be  at  liberty  to  do  it,  whilst  this  denial 
is  persisted  in.  If  you  shall  desist  from  it,  and  the  removal  of 
the  Court  to  Boston,  shall,  for  other  reasons,  be  judged  expedient, 
I  have  authority  to  acquaint  you,  that  his  Majesty  will  allow  me 
to  comply  with  your  wishes^ 

I  have  received,  in  the  recess  of  the  Court,  a  letter  from  his 
Excellency  William  Tryon,  Esq.  Governor  of  his  Majesty's  pro 
vince  of  New  York,  proposing,  with  great  candor,  measures  for 
the  settlement  of  the  boundary  line  between  the  two  provinces. 
The  Secretary  will  lay  a  copy  of  this  letter  before  you.  I  recom 
mend  the  subject  of  it  to  your  consideration,  and  shall  be  willing 
to  contribute  every  thing  in  my  power,  to  finish  this  long  subsist 
ing  controversy. 

Gentlemen  of  the  House  of  Representatives, 

Upon  inquiry  into  the  state  of  the  treasury,  I  find  there  are  sur- 
plusses  of  funds  which  have  been  established  for  the  payment  of 
sums  borrowed  for  the  charges  of  government  in  past  years,  and 
these,  together  with  other  unappropriated  stocks,  are  more  than 
equal  to  the  sum  which  is  necessary  to  satisfy  the  present  demands 
upon  the  treasury,  and  to  provide  for  the  service  of  the  advancing 
year. 

The  Treasurer  will  lay  before  you  the  state  of  the  treasury,  and 
an  estimate  of  the  sums  requisite  for  its  supply.  It  is  with  you. 
to  originate  such  a  bill  as  you  shall  judge  proper. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

Much  time  is  usually  spent  bv  the  General  Court  in  considering 
petitions  for  new  trials  at  law,  for  leave  to  sell  the  real  estates  ol 
persons  deceased,  by  their  executors,  or  administrators,  and  the 
real  estates  of  minors,  by  their  guardians.  All  such  private  busi 
ness  is  properly  cognizable  by  the  established  judicatories.  If  it 
be  necessary  that  further  powers  should  be  given  to  such  judica 
tories,  or  that  new  courts  should  be  erected,  I  am  willing  to  con 
sent  to  any  good  and  wholesome  law,  or  laws,  for  those  purposes. 
A  legislative  body,  consisting  of  three  distinct  parts,  the  consent 
of  each  of  which,  is  necessary  to  every  valid  act,  is  extremely  im 
proper  for  such  decisions.  The  polity  of  the  English  government 
seldom  admits  of  the  exercise  of  this  executive  and  judiciary  power 
by  the  Legislature,  and  I  know  of  nothing  special  in  the  govern 
ment  of  this  province,  to  give  countenance  to  it 


MASSACHUSETTS   STATE    PAPERS.  315 

There  shall  be  no  delay  on  ray  part,  in  the  business  of  the  ses 
sion,  and  I  will  lay  nothing  unnecessary  before  you. 

T.  HUTCHINSON. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR'S 
SPEECH,  APRIL  10, 1772. 

May  it  please  your  Excellency, 

THE  House  of  Representatives  have  duly  considered  your 
speech  to  both  Houses,  at  the  opening  of  this  session.  Your  Ex 
cellency  is  pleased  to  acquaint  us,  that,  "  if  we  had  desired  you  to 
carry  the  Court  to  Boston,  because  it  is  the  most  convenient  place ; 
and  the  prerogative  of  the  Crown  to  instruct  the  Governor  to  con 
vene  the  Court  at  such  place  as  his  Majesty  may  think  proper,  had 
not  been  denied  ;  you  should  have  obtained  leave  to  meet  us  in 
Boston,  at  this  time  ;  but  that  you  shall  not  be  at  liberty  to  do  so, 
whilst  this  denial  is  persisted  in." 

We  have  maturely  considered  this  point ;  and  are  still  firmly  in 
opinion,  that  such  instruction  is  repugnant  to  the  royal  charter, 
wherein  the  Governor  is  vested  with  the  full  power  of  adjourn 
ment,  proroguing  and  dissolving  the  General  Assembly,  as  he  shall 
judge  necessary.  Nothing  in  the  charter,  appears  to  us  to  afford 
the  least  grounds  to  conclude,  that  a  right  is  reserved  to  his  Ma 
jesty  of  controling  the  Governor,  in  thus  exercising  this  full  power. 
Nor  indeed  does  it  seem  reasonable  that  there  should  ;  for,  it  be 
ing  impossible  that  any  one,  at  the  distance  of  three  thousand  miles, 
should  be  able  to  foresee  the  most  convenient  time  or  place  of  hold 
ing  the  Assembly,  it  is  necessary  that  such  discretionary  power 
should  be  lodged  with  the  Governor,  who  is,  by  charter,  constantly 
to  reside  within  the  province.  v_w 

We  are  still  earnestly  desirous  of  the  removal  of  this  Assembly! 
to  the  Court  House,  in  Boston  ;  and  we  are  sorry  that  your  Ex-    *  )      5  "U 
rellency's  determination  thereon,  depends  upon  our  disavowing 
these  principles ;  because  we  cannot  do  it  consistently  with  the 
duty  we  owe  our  constituents.     We  are  constrained  to  be  explicit 
at  this  time  ;  for  if  we  should  be  silent,  after  your  Excellency  has 
recommended  it  to  us,  as  a  necessary  preliminary,  to  desist  from 
saying  any  thing  upon  this  head,  while  we  requestyour  Excellency 
for  a  removal  of  the  Assembly,  for  reasons  of  convenience  only, 
it  might  be  construed  as  tacitly  conceding  to  a  doctrine  injurious  to 
the  constitution,  and  in  effect,  as  rescinding  our  own  record,  of| 
which  we  still  deliberately  approve. 


316  MASSACHUSETTS  STATE  PAPERS. 

The  power  of  adjourning  and  proroguing  the  General  Assembly, 
is  a  power  in  trust,  to  be  exercised  for  the  good  of  the  province  ; 
this  House  have  a  right  to  judge  for  themselves,  whether  it  was 
thus  exercised.  We  cannot  avoid  taking  this  occasion,  freely  to 
declare  to  your  Excellency,  that  the  holding  of  the  Assembly  in 
this  place,  without  any  good  reason  which  we  can  conceive  of,  un 
der  the  many  and  great  inconveniences  which  this,,  and  former 
Houses,  have  so  fully  set  forth  to  your  Excellency,  is,  in  our  opinion, 
an  undue  exercise  of  power ;  and  a  very  great  grievance,  which 
we  still  hope  will  soon  be  fully  redressed. 

Your  Excellency  may  be  assured,  that  this  House  will,  with  all 
convenient  despatch,  take  into  our  most  serious  consideration,  that 
part  of  your  speech  which  concerns  the  establishment  of  a  parti 
tion  line  between  this  province  and  the  province  of  New  York  ; 
and  that  we  will,  with  great  candor,  contribute  every  thing  in.  our 
power,  to  accomplish  the.  same  equitable  terms. 

The  other  parts  of  your  Excellency's  speech,  have  had  the  pro 
per  attention  of  the  House  ;  and  we  are  determined,  during  the 
remainder  of  the  session,  which  must  be  short,  to  consult  his  Ma 
jesty's  real  service — the  true  interest  of  the  province. 

[The  Speaker,  (Mr.  Cushing,)  Mr.  S.  Adams,  Mr.  Hobson,  Capt 
Heath,  Maj.  Foster,  Mr.  Ingersol,  and  Mr.  Denny,  were  the  com 
mittee.] 


SPEECH 

QF  THE  GOVERNOR  TO  BOTH  HOUSES,  APRIL  25,  1772, 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  THANK  you  for  the  despatch  which  you  have  given  to  the 
public  business,  and  for  that  harmony,  which  has  generally  prevailed 
in  the  course  of  the  present  session. 

I  am  sorry  that  there  is  any  material  point  remaining,  in  which 
the  several  branches  of  the  Legislature  cannot  yet  agree.  The 
opinion  of  the  House  of  Representatives,  declared  in  their  message 
to  me,  that  the  removal  of  the  Assembly  from  Boston,  by  force  of 
an  instruction  from  his  Majestj,  is  an  undue  exercise  of  power, 
and  a  great  grievance,  differs  widely  from  my  own  opinion  on  the 
prerogatives  reserved  by  the  Crown,  and  the  duty  required  of  the 
Governor,  by  the  constitution. 

In  support  of  my  opinion,  I  will  lay  before  you,  what  appears  to 
be  the  true  spirit  of  the  charter.  I  am  not  contending  for  victory. 


MASSACHUSETTS    STATE    PAPERS.  317 

but  I  wish  to  satisfy  you,  that  there  is  no  room  to  suggest,  that  the 
King  has  been  the  cause  of  grievance  to  his  subjects,  by  giving  an 
instruction  to  the  Governor,  which,  by  the  constitution,  his  Majesty 
had  no  authority  to  give.  I  am  likewise  desirous  that  my  own  con 
duct  should  appearm  a  favorable  light  to  you,  and  to  the  good 
people  of  the  province. 

It  may  be  proper  then,  to  observe,  that  the  first  charter  to  the 
Massachusetts  colony  having  been  vacated,  our  ancestors,  sensi 
ble  of  the  necessity  of  some  form  of  government,  constitutionally 
derived  from  regal  authority,  humbly  solicited  the  restoration  of 
their  charter,  with  such  additional  powers,  as  the  Crown  should 
think  proper  to  grant ;  and  thereupon,  to  use  the  words  of  the 
House  of  Representatives,  in  the  year  1728,  "their  late  Majesties 
King  William  and  Queen  Mary,  of  glorious  memory,  were  gra 
ciously  pleased  to  gratify  the  inhabitants  here,  and  did  grant  to 
them  certain  powers,  privileges,  and  franchises,  to  be  used  and 
employed  for  the  benefit  of  the  people;  and, in  the  same  grant, 
reserved  other  powers  to  be  used  and  exercised  by  the  Crown,  or 
the  Governors  sent  by  it,  agreeable  to  the  directions  and  instruc 
tions  contained  in  said  grant,  and  their  commissions,  having  refer 
ence  for  their  better  guidance  and  directions,  to  the  several  powers 
and  authorities  mentioned  in  the  said  charter." 

It  is  further  observable,  that,  by  the  first  charter,  the  Crown  had 
constituted  a  corporation  in  England,  empowered  to  appoint,  under 
its  direction  and  instructions,  Governors,  and  other  officers,  in  the 
colony.  By  this  second  charter,  the  Crown  reserves  to  itself  the 
power  of  appointing  and  commissioning  a  Governor,  and  Lieu 
tenant,  or  Deputy  Governor.  By  their  commissions,  they  were 
authorized  to  administer  government,  according  to  such  instruc 
tions  as  should  be  given  by  the  Crown,  in  pursuance  of  the  char 
ter,  and  of  such  reasonable  laws  as  should  be  in  force.  Now, 
although  I  cannot  conceive  of  this  transaction,  as  properly  speak 
ing,  a  treaty  or  compact,  yet,  it  may  be  proper  to  observe,  that, 
after  the  charter  and  commissions  had  been  made  public,  and 
matter  of  record  in  the  province,  the  Governor  and  Council,  with 
the  Representatives  of  the  people,  not  only  acquiesced  in,  and 
acted  by  virtue  of,  powers  and  authorities  thus  derived,  and  thus 
limited  by  instructions,  but  by  a  law,  or  order,  they  required  to  be 
observed  throughout  the  province,  a  day  of  solemn  thanksgiving  to 
Almighty  God,  for  the  distinguishing  marks  of  royal  favor  in  this 
settlement  of  government. 

This  has  been  the  tenor  of  the  commissions  to  all  succeeding 
Governors  ever  since,  and  their  instructions  have  been,  from  time 
to  time,  as  there  has  been  occasion  for  it,  communicated  to  the 
Council  and  to  the  House  of  Representatives,  sometimes  at  their 
request,  and  have  been  entered  in  their  minutes  and  journals,  and 
I  never  heard  that  the  King's  authority  to  give  such  instructions, 
was  ever  called  in  question,  until  within  these  two  years.  In- 


318  MASSACHUSETTS  STATE  PAPERS. 

structions  from  the  Crown  have  been,  in  fact,  part  of  our  consti 
tution  for  fourscore  years  together. 

I  will  now  endeavor  to  shew  that  there  has  not  been  any  excep 
tion  taken  to  his  Majesty's  instruction,  to  remove  the  Assembly 
from  the  town  of  Boston,  which  will  not  equally  avail  against  in 
structions  in  general,  or  in  any  other  particular  case  whatsoever. 

It  has  been  said,  that  the  Crown  has  parted  with  its  prerogative 
of  determining  the  time  and  place  of  convening  the  Assembly,  and 
given  it  to  the  Governor,  to  be  used  as  he  shall  judge  necessary; 
therefore,  an  instruction  which  controls  the  Governor's  discre 
tion,  the  exercise  of  this  power  cannot  be  said  to  be  an  instruction 
in  pursuance  of  the  charter,  and  agreeable  to  the  constitution. 

I  must  observe  to  you,  that  all  the  powers  which  are  given,  by 
the  charter,  to  the  Governors,  without  the  words,  as  he  shall  judge 
necessary,  are  as  ample  as  those  which  are  given  with  them,  for 
the  Governor  is  to  exercise  the  general  powers  given  him,  accord 
ing  to  his  best  discretion,  which  is,  in  other  words,  as  he  shall 
judge  necessary.  But,  if  you  will  attend  to  the  charter,  you  will 
find  a  peculiar  propriety  in  the  use  of  the  words,  in  that  para 
graph,  for  another  purpose.  The  Governor  is  required  to  convene 
the  Assembly,  the  last  Wednesday  in  May,  in  every  year,  for  the 
election  of  Counsellors,  and  this  he  must  do,  whether  he  judges  it 
necessary  or  not ;  but  then,  he  is  empowered  to  adjourn,  prorogue, 
and  dissolve  it,  from  time  to  time,  as  he  shall  judge  necessary ; 
which  words  are  used  merely  to  denote,  that  he  is  not  confined  to 
any  other  time  of  convening  the  Court,  except  the  last  Wednesday 
in  May.  What  pretence  then,  can  there  be,  to  distinguish  this 
from  any  other  power,  or  what  exercise  of  power  can  there  be, 
pursuant  to  the  charter,  by  force  of  an  instruction,  if  this  is  not? 
If  it  be  said,  that,  in  other  instances  also,  of  power  given  to  the 
Governor  to  use,  according  to  his  discretion,  the  King  has  parted 
with  his  prerogative,  the  reserve  made  by  the  Crown,  to  give  in 
structions  to  the  Governor,  can,  in  no  case  whatsoever,  have  any 
effect.  The  fallacy  of  the  whole  argument,  will  appear  from  this 
distinction.  Where  the  charter  gives  any  privilege  to  the  people, 
as  in  the  case  just  mentioned,  of  an  Assembly  to  be  held  every 
last  Wednesday  in  May,  and  the  like,  in  such  cases,  an  instruc 
tion  to  restrain  the  Governor,  may  be  said  to  be  repugnant  to  the 
charter.  Where  it  gives  power  to  the  Governor,  to  be  used  ac 
cording  to  discretion,  or,  as  he  shall  judge  necessary,  there  an  in 
struction  to  direct  or  guide,  in  the  exercise  of  such  power,  is  not 
repugnant,  but  pursuant  to  the  charter.  And  there  is  no  contra 
diction  in  it,  for  the  Governor  may  very  well  be  supposed  to  have 
general  power  of  acting  according  to  his  own  discretion,  and, 
nevertheless,  be  subject  in  special  instances,  or  on  special  occa 
sion^  to  the  control  of  royal  wisdom  or  discretion. 
VjEthas  been  further  urged,  as  an  objection  to  this  particular  in 
struction,  that  the  King,  at  the  distance  of  three  thousand  miles, 


MASSACHUSETTS  STATE  PAPERS.  319 

eannot  foresee  the  proper  time  and  place  for  convening  the  Gene 
ral  Assembly.  It  is  enough,  for  my  present  purpose,  to  observe, 
that  his  Majesty  may  have  so  full  a  knowledge  of  the  state  and 
circumstances  of  a  particular  town  or  place,  as  to  be  able  to  deter 
mine  that  it  is  not  proper  to  convene  the  Assembly  there.  Upon 
such  knowledge,  I  doubt  not,  this  instruction  was  founded,  and  I 
have  no  reason  to  expect  that  any  other  instruction  will  ever  be 
given,  which  cannot  be  as  well  justified^] 

There  has  been  one  more  objection  made  to  this  exercise  of  the 
prerogative,  viz. :  That  it  is  a  power  in  trust,  to  be  exercised  for 
the  good  of  the  province,  and  the  House  of  Representatives  have 
a  right  to  judge  for  themselves,  whether  it  is  thus  exercised.  If 
nothing  more  is  intended,  than,  that  the  House  of  Representatives 
have  a  right  to  judge  of  the  exercise  of  that,  or  any  other  part  of 
the  prerogative,  and  when  they  have  any  cause  of  complaint,  to 
seek  redress  by  representations  to  his  Majesty,  or  in  any  consti 
tutional  way,  I  do  not  know  that  any  body  will  deny  it,  but 
then,  I  know  not  to  what  purpose  it  is  adduced.  If  it  be  intend 
ed,  that,  when  the  Governor,  by  his  Majesty's  order,  convenes  the 
Assembly  at  a  time  or  place,  which  appears  to  them  to  be  incon 
venient  or  improper,  they  have,  therefore,  a  right  to  refuse  to 
appear,  or  refuse  to  proceed  upon  business,  or  that  they  have  a 
right  to  continue  to  ,sit  after  the  Governor  has  prorogued,  or  dis 
solved  the  Assembly,  in  their  judgment,  unreasonably  or  unneces 
sarily,  will  not  this  imply  a  contradiction  ?  Is  it  not  allowing  a 
full  power  to  do  a  thing,  and,  at  the  same  time,  admitting  a  power 
to  defeat  it,  and  prevent  the  full  power  from  having  any  effect  ? 

Thus,  I  think  I  have  obviated  all  the  objections  which  have  been 
made  to  this  instruction,  in  particular.  I  have  already  observed 
to  you,  that  instructions,  in  general,  are  supported  by  your  char 
ter  ;  I  must  now  add,  that,  had  no  such  express  provision  been 
made,  they  would  have  been  unexceptionable  and  constitutional. 
The  King  is  the  head  of  the  government,  not  only  in  the  realm, 
but  in  the  plantations.  Local  distance  will  not  admit  of  the  ex 
ercise  of  the  royal  authority  in  the  plantations,  by  the  King  in 
person.  This  authority  remains,  notwithstanding,  arid,  although 
it  must  be  exercised  by  a  substitute,  yet,  as  much  as  may  be  of 
the  royal  guidance  and  influence,  is  to  be  preserved  and  maintain 
ed.  This  must  be  done  by  instructions  for  the  general  conduct  of 
the  Governor,  and  upon  special  occasions,  as  extraordinary  un 
foreseen  events  may  make  them  necessary. 

But  what  benefit  can  we  propose,  if  it  should  be  admitted,  that 
the  Governor  is  not  liable  to  be  controled  by  instructions  r  The 
reserve  in  the  royal  commission  is  not  made  to  deprive  the  people- 
of  any  privilege,  but  to  restrain  the  Governor  from  using,  tp  tlieii 
oppression  or  hurt,  or  to  the  diminution  of  the  just  prerogative  of 
the  Crown,  that  power  and  authority  with  which  he  is  entrusted. 
Shall  we  be  more  safe  with  a  Governor,  left  altogether  to  his  own 


320  MASSACHUSETTS  STATE  PAPERS. 

discretion,  than  with  one  who  is  under  the  control  and  guidance 
of  our  Sovereign  ?  The  House  of  Representatives,  to  which  1 
have  before  referred  you,  thought  not.  In  a  message  to  the  Gov 
ernor,  in  the  reign  of  his  Majesty's  royal  grandfather,  they  very 
properly  observe,  "  it  is  not  reasonable  we  should  confide  in  any 
Governor  whatsoever,  so  much  as  in  our  gracious  King,  the  com 
mon  father  of  all  his  people,  who  is  known  to  delight  in  nothing 
so  much,  as  in  their  happiness ;  and  whose  interest  and  glory,  and 
that  of  his  royal  progeny,  are  inseparable  from  the  prosperity 
and  welfare  of  his  people ;  whereas,  neither  the  prosperity  nor 
adversity  of  a  people,  affect  a  Governor's  interest,  when  he  has  once 
left  them." 

We  have  abundant  reason,  to  adopt  the  same  language  and  sen 
timent  in  the  reign  of  his  present  Majesty,  who  has  nothing  more 
at  heart,  than  the  happiness  and  prosperity  of  his  subjects,  in  all 
parts  of  his  dominions. 

In  conformity  to  the  charter,  which  limits  the  time  of  your  con 
tinuance,  1  am  now  obliged  to  dissolve  an  Assembly,  which  has 
discovered  a  very  good  disposition  to  such  measures  as  tend  to 
promote  the  prosperity  of  the  province.  I  have  great  reason  to 
believe,  the  people  of  the  province  in  general,  are  in  the  same  dis 
position,  and  that  I  shall  meet  a  new  Assembly,  as  well  inclined 
to  the  like  measures.  T.  HUTCHINSON. 


SPEECH 

OF  THE  GOVERNOR  TO  THE  TWO  HOUSES,  MAY  28,  1772. 

Gentlemen  of  the  Council,  and* 

Gentlemen  of  the  House  of  Representatives, 

IN  conformity  to  the  powers  and  privileges  granted  by  the 
royal  charter,  you  have  been  convened  at  this  place,  in  order  to 
the  election  of  Counsellors  for  the  ensuing  year;  and  this  busi 
ness  being  finished,  you  have  now  an  opportunity  of  proceeding  to 
the  consideration  of  such  other  public  aftairs  as  may  properly  come 
before  you.  In  every  measure,  as  far  as  shall  consist  with  my  duty 
to  the  King,  and  with  the  welfare  and  prosperity  of  the  province. 
I  will  cheerfully  concur  with  you. 

I  have  nothing  in  special  command  from  his  Majesty,  to  lay  be 
fore  you.  Most  of  you  are  so  well  acquainted  with  the  usual  bu 
siness  of  the  General  Assembly,  at  this  annual  session,  that  I  need 
not  particularly  point  it  out  to  you. 

I  transmitted,  by  the  first  opportunity,  to  his  Excellency  the 


MASSACHUSETTS  STATE  PAPERS.  321 

Governor  of  New  York,  a  copy  of  the  act  of  the  last  Assembly, 
appointing  commissaries,  in  order  to  the  settlement  of  the  line  be 
tween  the  two  provinces.  I  doubt  not  I  shall  soon  receive  an  an 
swer,  and  be  able  to  communicate  it  to  you.  In  the  course  of  the 
session  I  shall  probably  propose  to  you,  by  message,  the  consider 
ation  of  some  other  public  matters,  for  which,  at  present,  I  am  not 
fully  prepared.  T.  HUTCHINSON. 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 

MAY  29,  1772. 

May  it  please  your  Excellency r, 

THE  House  of  Representatives  have  deliberately  considered 
your  speech  at  the  opening  of  this  session.  Your  Excellency  is 
pleased  to  say,  that,  "  in  conformity  to  the  powers  and  privileges 
granted  by  the  royal  charter,  we  have  been  convened  at  this  place, 
in  order  to  the  election  of  Counsellors  for  the  ensuing  year."  It  |f\?'*' 
is  a  charter  right,  that  a  General  Assembly  shall  be  convened  on 
the  last  Wednesday  in  May,  annually,  for  the  choice  of  Counsel 
lors  ;  but  the  convening  and  holding  the  General  Assembly  at 
Harvard  College,  in  Cambridge,  is  a  measure  very  grievous  to  us  ; 
and  it  requires  the  greatest  degree  of  candor,  to  suppose  it  to  be 
for  the  good  of  the  people,  which  is  the  sole  end  for  which  the 
powers  vested  in  you,  by  the  charter,  were  granted. 

The  Town  House,  in  Boston,  is  the  accustomed  ancient  place 
for  holding  the  General  Assembly,  and  where  alone  provision  is 
made  for  it.  It  does  not  appear  to  us,  that  there  was  any  necessity 
for  convening  the  Assembly  in  this  place,  nor  can  we  conceive  of  any 
for  continuing  it  here.  Without  such  necessity,  the  continuing 
the  Assembly  in  any  other  place  than  the  Town  House,  in  Boston, 
will  be  a  very  great  grievance,  and  an  undue  exercise  of  your 
power.  And,  as  we  cannot,  without  the  greatest  inconvenience, 
proceed  to  the  consideration  of  the  public  business  in  this  place, 
which  is  very  pressing,  and  greatly  in  arrears,  by  reason  of  the 
prorogations  the  last  year,  we  are  constrained  to  lay  before  your 
Excellency,  our  earnest  request,  that  you  would  be  pleased  to  re 
move  the  Assembly,  to  the  Town  House,  in  Boston,  where  we 
may,  with  the  greatest  advantage  and  despatch,  transact  all  such 
public  matters  as  are  now  before  us,  together  with  such  others,  as 
your  Excellency  shall  propose  for  our  consideration. 
41 


MASSACHUSETTS  STATE  PAPERS. 

MESSAGE 

. 

FROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  MAY  30,  1772. 

Gentlemen  of  the  House  of  Representatives, 

I  AGREE  with  you  that  the  powers  vested  in  me,  by  charter, 
are  to  be  exercised  for  the  good  of  the  people,  and  I  have  made 
this  the  great  object  of  my  administration.  I  wish  to  avoid  every 
thing  which  shall  appear  to  you  to  be  grievous ;  and,  although  I 
cannot  agree  with  you,  that,  unless  there  be  a  necessity  of  holding 
the  Court  in  some  other  place  than  the  town  of  Boston,  it  must, 
therefore,  be  a  grievance  to  remove  it  from  thence  ;  yet,  I  will  take 
the  subject  matter  of  your  message  into  consideration,  and  if  it 
shall  not  appear  to  me  necessary  for  his  Majesty's  service,  and 
the  good  of  the  province,  to  continue  the  Court  in  some  other 
place  than  the  town  of  Boston,  I  will  comply  with  your  desire  and 
remove  it  there.  If  it  shall  appear  to  me  necessary  to  continue  it 
in  some  other  place,  although,  by  the  constitution,  I  am  made  the 
judge  of  that  necessity,  yet,  I  will  endeavor  by  another  message, 
to  convince  you  of  it,  that  you  may  proceed  in  your  business,  with 
the  greater  satisfaction.  T.  HUTCHINSON. 


MESSAGE 

EROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  JUNE  3,  1772* 

Gentlemen  of  the  House  of  Representatives, 

As  I  wish  to  have  a  just  understanding  of  every  expression  in 
any  message  which  comes  to  me  from  the  House  of  Representatives, 
..  I  must  desire  you, to  acquaint  me,  whether,  when  you  say  in  your 

\)  &r  message  of  the  29th  May,  that  it  does  not  appear  to  you  there  was 

W^     x^ny  necessity  of  convening  the  Assembly  at  Cambridge,  you  intend 
\         ^my  convening  it  there  when  I  first  removed  it  from  Boston,  or  my 
convening  it  there  the  present  year.     As  soon  as  I  am  ascertained 
of  this,  I  shall  be  ready  to  give  you  a  full  answer  to  your  mes 
sage,  T.  HUTCHINSON. 


MASSACHUSETTS    STATE    PAPERS.  323 

ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 

JUNE  3,  1772. 

May  it  please  your  Excellency, 

IN  answer  to  your  message  of  this  day,  this  House  beg  leave 
to  say,  that  they  judge  the  intention  of  the  expression,  particularly 
referred  to  by  your  Excellency,  as  well  as  of  all  other  expressions 
in  their  message  of  the  29th  of  May,  to  be  sufficiently  clear  and 
plain,  and,  therefore,  it  is  altogether  needless  to  make  any  expla 
nation  of  them  5  and  hope  your  Excellency  will  not  delay  to  give 
a  full  answer  to  that  message. 


MESSAGE 

FROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  JUNE  3,  1772. 

Gentlemen  of  the  House  of  Representatives, 

I  MUST  govern  myself  by  the  measure,  not  of  your  understand 
ing,  but  my  own.  What  appears  to  you  to  be  sufficiently  plain, 
appears  to  me  to  be  doubtful  and  equivocal.  As  it  may  be  con 
strued  one  way  or  the  other,  so  in  complying  with  your  desire, 
founded  upon  this,  among  other  reasons,  1  should,  or  should  not, 
conform  to  the  instructions  of  the  King,  whose  servant  I  am.  As 
reserved  as  you  have  been  in  your  message  to  me,  I  will  be  unre 
served  and  open  with  you.  Whilst  you  dispute  the  authority  by 
which  I  removed  the  Court  from  Boston,  I  do  not  intend  to  carry 
it  thither  again ;  and  whensoever  I  shall  receive  his  Majesty's 
instructions  for  exercising  the  just  prerogative  of  the  Crown,  in 
any  case,  I  will  observe  them  without  violation  in  any  degree  5  and 
when  your  intention  in  any  message  appears  to  me  uncertain,  and 
you  refuse  to  make  it  certain,  I  think  it  will  be  a  sufficient  justifi- 
cation  for  my  refusal  to  do  any  thing  in  consequence  of  such  mes 
sage,  so  long  as  the  uncertainty  remains. 

T.  HUTCHINSON, 


MASSACHUSETTS  STATE  I'APERS. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  ftOVERNOR, 

JUNE  6,  1772. 

May  it  please  your  Excellency r, 

,  THE  House  of  Representatives  beg  leave  to  acquaint  your 
1  Excellency,  that  a  motion  was  made  on  the  first  Friday  of  this 
session,  to  assign  a  time  fqr  the  consideration  of  a  suitable  grant 
for  the  support  of  his  Majesty's  Governor  of  the  province.  But,  it 
being  suggested  to  the  House,  that  yourExcellency  was  not  pleased, 
the  last  year,  to  give  your  consent  to  a  bill,  which  passed  both 
Houses  of  Assembly,  in  their  first  session,  for  granting  the  sum  of 
thirteen  hundred  pounds  for  the  support  of  your  Excellency,  the 
House  thought  proper  to  direct  the  attendance  of  the  Secretary,  to 
give  information  touching  this  matter,  who,  expressly  said,  that 
your  Excellency  did  not  give  your  consent  to  said  bill. 

This  House  is  wholly  at  a  loss  to  account  for  that  measure,  un 
less  provision  is  made  for  the  support  of  your  Excellency,  other 
wise  than  by  the  grants  and  acts  of  the  General  Assembly  of  the 
province. 

By  the  royal  charter,  it  is  incumbent  upon  the  General  Assem 
bly  to  make  adequate  provision  for  the  support  of  his  Majesty's 
government  of  this  province,  and  every  act  for  the  making  such 
provision,  is  to  be  originated  by  the  House  of  Representatives. 

The  support  of  his  Majesty's  Governor  of  the  province,  is  an 
important  part  of  the  support  of  his  Majesty's  government  here. 

If  provision  is  made  for  the  support  of  your  Excellency,  other 
wise  than  by  the  grants  and  acts  of  the  General  Assembly,  it  is 
absolutely  requisite  that  this  House  should  be  acquainted  with  it. 
They,  therefore,  pray,  that  your  Excellency  would  be  pleased  to 
inform  them,  whether  provision  is  made  for  the  support  of  your 
Excellency,  as  Governor  of  this  province,  in  any  way  and  manner, 
other  than  has  been  heretofore  used  and  practised,  to  wit,  by  the 
grants  and  acts  of  the  General  Assembly  ;  and,  if  it  is  so,  in  what 
/way  and  manner  that  provision  is  made. 


MESSAGE  , 

FROM  HIS  EXCELLENCY  THE  GOVERNOR  TO  THE  HOUSE  OF 
REPRESENTATIVES,  JUNE  13,  1772. 

Gentlemen  of  the  House  of  Representatives, 

BY  inspecting  the  journal  of  the  proceedings  of  the  House  oi 
Representatives,  in  April,  1771,  you  will  find,  that,  in  answer  to 


MASSACHUSETTS   STATE   PAPERS.  325 

a  message  from  the  House,  I  then  observed,  that  his  Majesty  has 
been  enabled,  by  an  act  of  Parliament,  to  make  a  certain  and  ade 
quate  provision  for  the  support  of  the  civil  government  in  the  col 
onies,  as  his  Majesty  shall  judge  necessary. 

I  am  now  able  to  acquaint  you,  that  his  Majesty  has  been  gra 
ciously  pleased  to  make  provision  for  my  support,  in  the  station, 
in  which  he  has  thought  fit  to  place  me ;  and,  as  this  is  judged  to 
be  an  adequate  support,  I  must  conclude  it  cannot  be  his  Majes 
ty's  pleasure,  that,  without  his  special  permission,  which  has  not 
yet  been  signified  to  me,  1  should  accept  of  any  grant  from  the 
province,  in  consideration  of  the  ordinary  government  services 
done,  or  to  be  done,  by  me.  T.  HUTCHINSON. 


[The  General  Court  wasjhen  adjourned  to\goston,Jto  meet  on 
the  ^ 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
JULY  ID,  1772. 

Gentlemen  of  the  House  of  Representatives, 

I  AM  informed,  that,  in  consequence  of  my  answer  to  your 
message  of  the  6th  of  June,  you  have  passed  certain  votes,  or  re 
solves,  which  you  have  ordered  to  be  entered  upon  your  journals. 
It  may  be  of  importance  to  his  Majesty's  service,  that  I  should 
have  as  early  knowledge,  as  may  be,  of  the  proceedings  of  the 
House  of  Representatives,  especially  in  matters  of  this  nature,  I 
must  desire  you  to  direct,  that  I  be  furnished  with  an  attested 
copy  of  such  votes  or  resolves,  from  your  journals,  if  any  such 
have  been  ordered  to  be  entered  there.  T.  HUTCHINSON. 


REPORT  AND  RESOLUTIONS 

ADOPTED  BY  THE  HOUSE  OF  REPRESENTATIVES,  JULY  10,  1772.* 

THAT  the  making  provision  for  the  support  of  the  Governor  \ 
of  the  province,  independent  of  the  grants  and  acts. of  the  General 

*  This  report  was  made  on  the  4tb,  but  was  ordered  to  lie  for  a  revision.  The  committee, 
by  whom  this  report,  and  the  message  of  same  date,  were  prepared,  consisted  of  the  Speaker. 
Maj.  Hawley,  Mr.  S.  Adams,  Col.  Worthingrton,  Mr.  Hancock.  Col.  Williams.  Capt.  Heath. 
Col.  Warren,  and  Col.  Bowers. 


326  MASSACHUSETTS    STATE    PAPERS. 

Assembly,  is,  in  the  opinion  of  the  committee, 'an  infraction  upon 
the  rights  granted  to  the  inhabitants,  by  the  royal  charter,  and  in 
derogation  of  the  constitution?} 

The  charter  of  this  province,  is  a  most  solemn  contract,  not  only 
between  King  William  and  Queen  Mary,  by  whom  it  was  granted, 
of  the  one  part,  and  the  inhabitants  of  the  province,  of  the  other  ; 
but  also  between  the  heirs  and  successors  of  their  royal  Majesties, 
and  the  successors  of  the  said  inhabitants  forever.  This  appears 
from  the  very  words  and  tenor  of  the  charter. 

By  the  said  charter,  it  is  established  and  ordained, "  That  there 
shall  be  one  Governor,  to  be,  from  time  to  time,  appointed  and 
commissioned  by  the  King  :"  and,  it  is  also  herein  expressly 
granted,  that  "  the  General  Assembly  shall  have  full  power  and 
authority  to  impose  and  levy  reasonable  rates  and  taxes  for  the 
support  of  his  Majesty's  government  of  the  province  ;"  of  which, 
the  support  of  the  Governor  is  a  most  material  and  important 
part. 

That  the  great  and  General  Court  or  Assembly,  of  this  province, 
is,  by  the  charter,  vested  with  the  exclusive  right  of  judging  what 
is  an  adequate  support  of  his  Majesty's  government  of  this  pro 
vince,  and  of  determining  in  what  way  and  manner,  provision  for 
that  purpose  shall  be  made,  appears  not  only  from  the  natural  and 
obvious  sense  and  meaning  of  the  words  and  terms  of  the  char 
ter,  but  from  the  constant  and  uninterrupted  usage  and  practice 
upon  that  charter,  for  more  than  eighty  years,  from  the  time  when 
it  was  granted. 

That  the  support  of  the  Governor  is  part  of  the  support  of  the 
government  of  the  province,  not  only  has  been  the  constant  sense 
of  the  General  Assemblies  of  this  province;  but  it  also  appears, 
from  the  act  of  the  British  Parliament,  referred  to  in  his  Excel 
lency's  message,  and  his  Majesty's  determination  therein  ;  for  in 
the  message,  his  Excellency  informs  the  House,  that  he  had  ob 
served  in  his  answer  to  a  message  of  a  former  House,  "  that  his 
Majesty  had  been  enabled,  by  an  act  of  Parliament,  to  make  a  cer 
tain  and  adequate  provision  for  the  support  of  civil  government  in 
the  colonies."  And  in  this  message  he  declares,  that  "  he  is  able 
to  acquaint  the  House,  that  his  Majesty  has  been  graciously  pleased 
to  make  provision  for  his  support  in  the  station,  in  which  he  has 
thought  fit  to  place  him ;"  by  which,  his  Excellency  cannot  be  un 
derstood  to  intend  any  other  than  his  station  as  Governor  of  this 
province.  And  by  the  connexion  of  the  several  parts  of  the  mes 
sage,  it  is  most  plainly  to  be  inferred,  that  his  Excellency  would 
acquaint  the  House,  that  his  Majesty  had  made  that  provision  in 
consequence  of,  and  by  the  power  vested  in  him,  by  an  act  of  Par 
liament,  which*  enabled  him  to  make  provision  for  the  support  of 
the  civil  government  of  the  colonies.  So  that,  unless  it  should  be 
supposed  that  his  Majesty  himself  hath  mistaken  the  true  sense  of 
the  act,  it  is  evidently  the  opinion  of  the  British  Parliament,  that 


MASSACHUSETTS    STATE    PAPERS.  327 

the  support  of  a  Governor  is  part  of  the  support  of  the  government 
of  a  colony.  -^ 

That  the  power  and  authority  of  providing  for  the  support  of  { 
the  Governor,  should  be  vested  in  the  General  Assembly,  is  neces 
sary  to  preserve  the  freedom  of  the  constitution.  For,  if  the 
King,  who  has  the  absolute  power  of  appointing  and  commission 
ing  the  Governor,  shall  also  have  the  power  of  judging  and  deter 
mining  what  shall  be  a  reasonable  and  adequate  support  for  him, 
and  of  the  ways  and  means  of  making  provision  for  that  purpose, 
there  remains  no  check  at  all  upon  the  power,  devolved  by  charter, 
on  the  Crown.  And  a  power  without  a  check,  is,  so  far  forth,  de 
structive  of  the  freedom  of  the  constitution. 

Moreover,  this  is  a  most  dangerous  innovation,  as  it  affords  a 
precedent  for  future  more  extensive  evil  of  the  same  kind.  For, 
with  equal  reason,  may  the  Crown  take  and  exercise  the  power 
of  judging  and  determining  what  shall  be  an  adequate  support  for 
every  other  part  of  civil  government,  and  the  ways  and  means  of 
making  provision  therefor  ;  which  would  take  away  the  freedom 
of  the  constitution,  and  establish  arbitrary  government  within  the 
province. 

Although  it  may  not  be  affirmed,  that  the  Governor,  by  being 
altogether  dependent  upon  the  Crown  for  his  support,  becomes 
positively  vested  with  any  new  powers  which  were  not  granted  to 
him  by  the  charter,  or  that  his  department  in  government  is  en 
larged,  yet,  the  relation  he  before  stood  in  to  the  people,  by  his  de 
pendence  on  them,  is  altered.  That  check  upon  the  exercise  of 
the  powers  that  are  vested  in  him,  by  the  charter,  which  was  evi 
dently  designed  to  remain  in  the  General  Assembly,  is  annihilated ; 
and  he  may,  if  he  pleases,  exercise  even  his  constitutional  powers, 
in  such  a  manner  as  shall  be  injurious  and  oppressive  to  the  peo 
ple,  without  restraint.  He  is,  therefore,  a  Governor,  not  depend 
ent  upon  the  people,  as  the  charter  prescribes,  and,  consequently 
not,  in  that  respect,  such  a  Governor  as  the  people  consented  to,J 
at  the  granting  thereof. 

The  support  of  government,  and  the  means  of  its  defence,  ought 
to  depend,  and,  in  all  free  governments,  it  does  depend  upon  the 
grants  of  the  people,  made  by  Representatives  of  their  own  free 
election,  and  the  acts  of  the  Legislative.  And  adequate  provis 
ion  is  thus  made  for  these  purposes,  as  is  judged  and  determined 
by  the  Representatives  of  the  people  to  be  reasonable ;  propor 
tioned  to  their  abilities,  and  the  station  and  merit  of  those  who  are 
entrusted  with  the  administration.  This  has  been  claimed  as  the 
undoubted  right  of  the  Parliament  and  people  of  England,  and 
so  adjudged,  for  many  ages  past. 

As  it  is  clearly  the  right  of  the  Legislative  of  this  province,  Ihe 
^  General  Assembly  have  always  made  adequate  provision  for  the 
support  of  the  Governor.     The  advice,  therefore,  given  to  his  Ma 
jesty,  to  take  upon  himself  the  payment  of  his  Governor,  must. 


328  MASSACHUSETTS    STATE    PAPERS. 

have  been  grounded  upon  false  information,  or  proceeded  from  a 
temper  inimical  to  the  good  people  of  this  province.  "Whatever 
may  have  been  the  design  of  administration,  it  is  a  measure,  where 
by,  not  only  the  just  right  of  the  General  Assembly  of  this  province 
is  rescinded,  but  the  highest  indignity  is  thrown  upon  it  5  as  though 
it  was  either  not  disposed  to  make  adequate  provision  for,  or  not 
the  competent  judges  of,  the  support  of  the  government,  upon 
which  the  safety  and  welfare  of  the  people  depends. 

For  these  reasons,  the  committee  beg  leave,  further  to  report  the 
following  resolutions,  for  the  consideration  and  acceptance  of  the 
House. 

Whereas,  in  and  by  the  charter  of  this  province,  the  full  power  and 
authority  to  impose  and  levy  proportionable  and  reasonable  rates 
and  taxes  upon  the  estates  and  persons  of  all  and  every  the  pro 
prietors  and  inhabitants  of  the  province,  for  his  Majesty's  service, 
in  the  necessary  defence  and  support  of  his  government  therein, 
is  vested  in  the  General  Assembly ;  and  the  rates  and  taxes  by 
them  imposed  and  levied  for  the  purposes  aforesaid,  are  to  be  dis 
posed  of,  according  to  such  acts  as  are,  or  shall  be  in  force  therein  : 

And,  whereas  the  support  of  his  Majesty's  Governor  of  the  pro 
vince,  is  one  material  and  most  important  part  of  the  support  of 
his  Majesty's  government  therein  : 

1.  Resolved,  That,  by  virtue  of  the  full  power  and  authority 
granted  by  the  charter  as  aforesaid,  the  General  Assembly  is  the 
constituted  judge  of  the  adequate  support  ot  his  Majesty's  Gover 
nor,  and  the  rates  and  taxes  necessary  to  be  imposed  and  levied 
for  that  purpose  ;  therefore, 

2.  Resolved,  That  the  imposing  and  levying  rates  and  taxes, 
and  making  provision  for  the  support  of  the  Governor,  otherwise 
than  by  the  grants  and  acts  of  the  General  Assembly,  is  an  infrac 
tion  upon  the  charter  in  a  material  point,  whereby  a  most  impor 
tant  trust  is  wrested  out  of  the  hands  of  the  General  Assembly, 
and  it  is  deprived  of  a  most  important  part  of  Legislative  power 
and  authority  vested  therein  by  the  charter,  and  necessary  for  the 
o-ood  and  welfare  of  the  province,  and  the  support  and  government 
thereef. 

5.  Resolved,  That  the  General  Assembly  of  this  province,  hath 
ever  since  the  charter  was  granted,  from  time  to  time,  by  their 
own  grants  and  acts,  made  suitable  and  adequate  provision  for  the 
suppjwt  of  his  Majesty's  Governor  thereof. 

4.(JResolved,  That  the  Governor's  having  and  receiving  his  sup 
port  independent  of  the  grants  and  acts  of  the  General  Assembly, 
is  a  dangerous  innovation,  which  renders  him  a  Governor  not  de 
pendent  on  the  people,  as  the  charter  has  prescribed,  and  conse 
quently,  not,  in  that  respect,  such  a  Governor  as  the  people  con 
sented  to,  at  the  granting  thereof.  It  destroys  that  mutual  check 
and  dependence,  which  each  branch  of  the  Legislative  ought  to 
have  upon  the  others,  and  the  balance  of  power  which  is  essential 


MASSACHUSETTS   STATE    PAPERS.  329 

to  all  free  governments.  And  this  House  do  most  solemnly  pro 
test,  that  the  innovation  is  an  important  change  of  the  constitu 
tion,  and  exposes  the  province  to  a  despotic  administration  of  gov- 
ernmentT] 

And,  tvnereas,  the  General  Assembly  hath,  from  the  beginning, 
made  ample  provision  for  the  support  of  his  Majesty's  Governor : 

5.  Resolved,  That  the  advice  given  to  his  Majesty,  that  it  was 
necessary  for  his  Majesty's  service,  and  the  good  and  welfare  of 
this  province,  that  certain  and  adequate  provision  should  be  made 
for  the  support  of  the  Governor  thereof,  otherwise  than  as  has 
been  the  invariable  practice,  by  the  grants  and  acts  of  the  Gen 
eral  Assembly,  was,  in  the  opinion  of  this  House,  either  grounded 
on  false  information,  or  it  proceeded  from  a  temper  inimical,  as 
well  to  his  Majesty,  as  to  the  people  of  this  province. 

6.  Resolved,  That  a  message  go  up  to  his  Excellency  the  Gov 
ernor,   assuring  him,  that  this  House  is  ready  to  make  him  the 
usual  annual  grant,  and  other  ordinary  provision  for  his  support ; 
provided,  his  Excellency  will  accept  the  same,  in  full  considera 
tion  "  of  the  ordinary  services  of  government  done,  or  to  be  done, 
by  him  ;"  and  praying  his  Excellency,  that  if  he  is  determined  in 
his  opinion,  that  he  cannot,  "  without  his  Majesty's  special  per 
mission,  accept  of  any  grant  from  the  province,"  for  his  support,  as 
Governor  thereof,  he  would  make  application  to  his  Majesty,  that 
he  would  be  graciously  pleased  to  give  further  order,  that  his  Ex 
cellency  may,  without  restraint,  receive  his  whole  support  from 
this  government,  according  to  ancient  and  invariable  usage. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR;, 
JULY  10, 1772. 

May  it  please  your  Excellency, 

THE  House  of  Representatives,  after  the  most  deliberate  con 
sideration  of  your  message  of  the  13th  June,  are  of  opinion,  that 
the  making  provision  for  your  Excellency's  support  in  the  station, 
in  which  his  Majesty  has  been  pleased  to  place  you,  as  Governor  of 
this  province,  independent  of  the  grants  and  acts  of  the  General 
Assembly,  and  your  Excellency's  receiving  the  same,  is  an  infrac 
tion  on  the  rights  granted  to  the  inhabitants  of  the  province,  by 
the  royal  charter,  and  in  derogation  of  the  freedom  of  the  civil 
constitution.  This  House  is  ready,  with  cheerfulness,  to  make 
the  ugual  annual  grant,  and  other  ordipary  provision  ;  provided 
42 


V\   $i*^ 

tyr\ 
" 


330  MASSACHUSETTS  STATE  PAPERS. 

your  Excellency  will  receive  the  same  for  your  whole  support,  as 
Governor  of  the  province. 

Your  Excellency  has  been  pleased  to  signify  to  the  House,  your 
opinion,  that  you  cannot,  without  his  Majesty's  special  permission, 
receive  any  grant  from  the  province,  for  your  support,  as  Governor. 
If  your  Excellency  is  fully  determined  in  this  opinion,  we  pray 
you  to  make  application  to  his  Majesty,  that  he  would  be  graciously 
pleased  to  give  further  orders,  whereby  you  may,  without  any  re 
straint,  receive  your  support  from  this  government,  according  to 
ancient  and  invariable  usage. 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
JULY  13,  1772, 

Gentlemen  of  the  House  of  Representatives, 

I  THINK  it  incumbent  on  me,  to  put  you  in  mind  of  the  ruin 
ous  state  of  the  Province  House,  with  the  yards,  out  houses,  and 
appendages.  I  imagine  it  must  cost  double  the  sum  to  repair  it 
the  next  year,  as  will  be  sufficient  at  present,  and  it  is  most  pro- 
bable,  that  I  shall  not  be  able  to  keep  my  family  there  another 
winter.  It  would  be  most  agreeable  to  my  inclination,  to  reside 
wholly  at  my  house  in  the  country,  and  it  is  for  the  convenience 
°f tne.  inhabitants  of  the  town  of  Boston,  and  other  persons  who 
occasionally  come  there,  and  have  public  business  to  transact,  that 
I  spend  so  much  of  my  time  in  Boston.  When  the  house  pro 
vided  for  the  Governor,  is  not  in  a  tenantable  repair,  I  think  there 
can  be  no  exception,  if  I  change  the  place  of  my  residence. 

T.  HUTCHINSON. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
JULY  14,  1772. 

ay  *tplease  y°ur  Excellency, 

IN  answer  to  your  message  of  yesterday,  this  House  beg  leave 
\  to  observe,  that  they  are  not  unapprized  that  the  Province  House 
****  is  ou*  of  repair,  and  that  expense  might  be  saved,  by  making  such 


MASSACHUSETTS  STATE  PAPERS.  331 

repairs  as  are  necessary,  as  soon  as  may  be.  But,  that  building 
was  procured  for  the  residence  of  a  Governor,  whose  whole  sup 
port  was  to  be  provided  for  by  the  grants  and  acts  of  the  General 
Assembly,  according  to  the  tenor  of  the  charter  ;  and,  it  is  the 
opinion  of  this  House,  that  it  never  was  expected  by  any  Assem 
bly  of  this  province,  that  it  would  be  appropriated  for  the  resi 
dence  of  any  Governor,  for  whose  support,  adequate  provision 
should  be  made  in  another  way.  Upon  this  consideration,  we  can- 
to  make  any  repairs,  atTKisTtinie. 


Your  Excellency  may  ¥e  assured,  that  this  House  is  far  from  be 
ing  influenced  by  any  personal  disrespect.  Should  the  time  come, 
which  we  hope  for,  when  your  Excellency  shall  think  yourself  at 
liberty  to  accept  of  your  whole  support  from  this  province,  accord 
ing  to  ancient  and  invariable  usage,  we  doubt  not,  but  you  will 
then  find  the  Representatives  of  this  people  ready  to  provide  for 
your  Excellency  a  house,  not  barely  tenantable,  but  elegant.  In 
the  mean  time,  as  your  Excellency  receives  from  his  Majesty  a 
certain  and  adequate  support,  we  cannot  have  the  least  appre 
hensions  that  you  will  be  so  far  guided  by  your  own  inclination, 
as  that  you  will  make  any  town  in  the  province  the  place  of  your 
residence,  but  where  it  shall  be  most  conducive  to  his  Majesty's 
service,  and  the  good  and  welfare  of  the  people. 

[The  committee  who  reported  this  message,  were,  Maj.  Haw- 
ley,  Mr.  Ingersol,  Mr.  Adams,  Mr.  Bacon,  and  Capt.  Heath.] 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 

JULY  14,  1772. 

Gentlemen  of  the  House  of  Representatives, 

IN  consequence  of  my  message  to  you,  of  the  10th  instant,  you 
have  caused  to  be  laid  before  me  the  report  of  a  committee,  ac- 
cepted,  and  ordered  to  be  entered  upon  your  journals.  This  re 
port  contains  certain  resolves  or  declarations,  which,  as  I  conceive, 
are  not  well  founded,  but,  on  the  contrary,  tend  to  alter  the  con- 
stitutional  dependence  of  this  colony  upon  the  Crown,  and  upon 
the  Supreme  Legislative  authority  of  Great  Britain. 

The  sum  of  those  resolves  or  declarations,  may  be  comprized  in 
a  few  words.  You  have  declared,  that  the  support  made  for  the 
Governor,  by  other  powers  than  the  legislative  authority  of  this 
province,  is  a  material  infraction  upon  the  charter ;  that  the  Gov 
ernor  is  thereby  rendered  not  dependent  on  the  people,  as  the 
charter  has  prescribed,  and  consequently  not,  in  that  respgct,  such 


/   • 
Ls, 


332  MASSACHUSETTS  STATE  PAPERS. 

a  Governor  as  the  people  consented  to ;  that  the  mutual  check  and 
dependence  of  the  branches  of  the  Legislature  is  destroyed,  and 
the  province  exposed  to  a  despotic  administration.  You  have 
likewise  asserted,  that  the  Assemblies,  ever  since  the  charter,  have 
made  adequate  provision  for  the  support  of  the  Governor;  that  the 
advice  to  his  Majesty  to  make  provision  for  this  support,  proceed 
ed  from  false  information,  or  from  a  temper  inimical  to  his  Ma 
jesty,  and  to  the  people  of  this  province,  and  you  have  desired  me 
to  make  application  to  his  Majesty,  that  I  may,  without  restraint, 
receive  my  whole  support  from  this  government,  according  to  an 
cient  and  invariable  usage. 

In  support  of  these  declarations,  you  have  first  alleged,  that  the 
charter  is  a  solemn  contract  between  King  William  and  Queen 
Mary,  and  their  successors,  on  the  one  part,  and  the  inhabitants 
of  this  province  forever,  on  the  other.  If  you  meant  no  more  by 
a  solemn  contract,  than  what  is  implied  between  the  Crown  as  the 
grantor  of  certain  powers  and  privileges,  and  the  inhabitants  of 
the  colony  as  the  grantees,  by  which  they  acquire  a  right  to  the 
use  of  those  powers  and  privileges,  until  the  charter  in  whole,  or 
in  part,  shall  be  legally  vacated,  I  would  take  no  exception;  but 
when  you  afterwards  allege,  that,  by  virtue  of  this  contract,  a 
power  devolved  on  the  Crown,  of  appointing  a  Governor,  there  is 
too  great  room  to  apprehend,  that  some  may  suppose  this  contract 
to  be  something  of  the  nature  of  the  pacta  conventa,  or  covenants 
settled  by  treaty,  between  two  independent  states,  which  supposi 
tion  would  have  such  a  dangerous  tendency,  that  it  is  necessary 
for  me  to  define  very  particularly,  the  nature  of  a  charter  from  the 
Crown,  upon  the  principles  of  the  English  constitution,  and  to  re 
mind  you  of  the  particular  circumstances  which  attended  the  grant 
of  your  charter. 

It  is  a  part  of  the  prerogative  of  the  Crown,  as  well  as  of  the 
power  and  authority  of  Parliament,  to  constitute  corporations  or 
political  bodies,  and  to  grant  to  such  bodies  a  form  of  government, 
and  powers  of  making  and  carrying  into  execution  such  laws,  as 
from  their  local,  or  other  circumstances,  may  be  necessary,  the 
Supreme  Legislative  authority  of  the  British  dominions  always  re 
maining  entire,  notwithstanding.  Now,  in  order  to  share  in  the 
benefit  of  this  authority,  our  ancestors,  by  their  agents,  did  not 
propose  a  treaty,  nor  any  thing  of  the  nature  of  the  pacta  conventa, 
which  1  have  before  mentioned,  but,  as  subjects  of  England,  first 
petitioned  to  Parliament,  that  by  a  legislative  act,  their  vacated 
charter  might  be  restored,  and  failing  of  success,  afterwards,  to 
use  the  words  of  the  present  charter,  "  made  their  humble  appli 
cation  to  King  William  and  Queen  Mary,  that  they  would  be  gra 
ciously  pleased  to  incorporate  their  subjects  in  the  colony,  ajid  to 
grant  and  confirm  to  them  such  powers,  privileges,  and  franchises, 
as,  in  their  royal  wisdom,  should  be  thought  most  conducing  to 
their  interest  and  service,  and  to  the  welfare  and  happy  state  of 


MASSACHUSETTS    STATE    PAPERS.  333 

their  subjects  in  New  England."  The  powers  thus  granted,  were, 
not,  as  you  strangely  allege,  devolved  on  the  Crown  by  our  an 
cestors,  but  passed  from  the  Crown  to  its  subjects.  By  this  char 
ter,  a  General  Court,  or  Assembly,  is  constituted,  and  among  other 
powers  granted  to  the  Assembly,  are  those  of  making  laws,  not 
repugnant  to  the  laws  of  England,  and  imposing  rates  and  taxes 
for  the  service  of  the  Crown,  in  the  necessary  defence  and  sup 
port  of  the  Government.  You  have  taken  pains  to  prove  what 
would  not  have  been  denied,  that  the  support  of  the  Governor 
must  be  included  in  the  support  of  the  government ;  and  you  say, 
that,  by  the  grant  of  full  power  to  raise  taxes,  you  have  acquired 
an  exclusive  right  of  supporting  the  Governor,  and,  therefore,  the 
support  of  the  Governor  by  the  Crown,  must  be  an  infraction  upon 
the  charter.  Consider,  gentlemen,  where  this  argument  will  carry 
you.  The  same  clause  which  empowers  the  Assembly  to  tax  the 
people  for  the  support,  empowers  it  also  to  tax  for  the  defence  of 
government.  The  defence  and  support  of  government  are,  in 
their  nature,  duties,  attended  with  burdens,  rather  than  privileges; 
the  powers  given  to  the  Assembly  to  tax,  are  in  order  to  compel, 
to  the  performance  of  these  duties.  Can  it  be  supposed,  that  this 
grant  of  power  to  compel  the  people  to  submit  to  this  burden  of 
taxes,  for  the  defence  of  the  government,  should  exclude  the  Crown 
from  affording  its  aid  for  this  defence,  when  it  shall  be  necessary. 
If  you  are  in  danger  of  being  attacked  by  a  foreign  power,  has  the 
Crown  deprived  itself  of  the  right  of  ordering  a  fleet  for  your  de 
fence,  and  must  the  colony  be  lost  to  this  power,  and  would  you, 
in  that  case,  refuse  thi£  aid,  because  you  have  an  exclusive  right 
of  defending  the  government  yourselves  ?  Your  charter  gives  you 
equal  right  to  this  objection  in-  the  case  of  defence,  as  in  the  case 
of  support. 

Should  not  so  heavy  a  charge  against  the  Crown,  as  that  of  mak 
ing  an  infraction  upon  your  charter,  and  wresting  out  of  your 
hands,  powers  vested  in  you,  have  had  something  more  than  this 
shadow  of  an  argument  for  its  support  ?  a  support  so  feeble,  that 
I  have  no  need  to  call  to  my  aid  the  act  of  Parliament,  which  ena 
bles  the  Crown  to  do  what  has  been  done,  and  which,  if  your 
claim  from  the  charter  had  been  better  founded  than  it  is,  would 
have  been  sufficient  to  have  rendered  it  of  no  effect. 

If  you  fail  of  this  exclusive  right  of  supporting  the  Governor, 
your  assertions  that  the  charter  prescribes  a  Governor  dependent 
upon  the  people,  and  that  you  have  not,  in  that  respect,  such  a 
Governor  as  the  people  consented  to,  is  altogether  without  founda 
tion. 

You  are  equally  unfortunate  in  your  notions  of  the  mutual  check 
and  dependence  which  each  branch  of  the  Legislature  ought  to 
have  upon  the  other,  as  also  in  the  nature  of  a  free  government, 
and  of  the  English  constitution. 

The  mutual  check  which  each  branch  of  the  Legislature  ought 


334  MASSACHUSETTS    STATE    PAPERS, 

to  have  upon  the  other,  consists  in  the  necessity  of  the  concur 
rence  of  all  the  branches,  in  order  to  a  valid  act ;  and  when  any 
one  branch  withholds  this  concurrence,  it  is  properly  a  check  upon 
the  other  two.  So  far  as  this  may  be  said  to  be  a  dependence,  I 
agree  with  you,  but  this  is  not  sufficient  for  your  purpose,  for  the 
same  check  will  remain  in  each  branch  when  the  salary  of  the 
Governor  is  paid  by  the  Crown,  as  when  it  is  paid  by  the  province. 
Now  this  check  does  not  aftect  that  freedom  and  independence  in 
each  branch,  which  is  the  glory  of  the  English  constitution,  and 
which  will  not  admit  that  any  one  should  be  compelled  by  the 
others  to  any  act  against  its  judgment.  If  I  should  violate  this 
freedom  and  independence  of  the  Council,  or  House  of  Represent 
atives,  I  should  justly  incur  his  Majesty's  displeasure.  Is  it  not 
reasonable,  that  the  Governor  should  be  entitled  to  the  like  share 
of  freedom  and  independence,  in  the  exercise  of  his  judgment  with 
the  other  branches  ?  That  independence  which  cannot  consist 
with  a  free  government,  and  which  the  English  constitution  abhors, 
and  which  may  properly  be  termed  despotism,  is  a  freedom  in 
those  who  are  vested  with  executive  and  judiciary  powers,  from 
the  restraint  of  known  established  laws,  and  a  liberty  of  acting 
according  to  their  own  will  and  pleasure.  This  restraint,  in  your 
constitution,  will  remain  the  same,  whether  the  Governor  receives 
his  salary  from  the  Crown,  or  from  the  province.  Thus,  by  con 
founding  the  sense  and  meaning  of  the  words,  check  and  depend 
ence,  you  have  given  a  plausible  appearance  to  your  argument. 
This  is  an  artifice  which  has  often  been  made  use  of  by  writers  in 
newspapers,  with  design  to  give  false  notions  of  government,  and 
to  stir  up  discontent  and  disorder  ;  but  I  am  far  from  attributing 
any  such  design  to  the  Members  of  the  House  of  Representatives 
ingeneral. 

Qjjt  me  add,  that  the  English  constitution  is  founded  upon  these 
principles  of  freedom.  The  King,  Lords,  and  Commons,  have  this 
mutual  check  upon  each  other  ;  they  are,  notwithstanding,  alto 
gether  free  and  independent,  and,  that  this  freedom  may  be  pre 
served  entire  in  the  Crown,  we  find,  that  ever  since  the  hereditary- 
revenues  have  ceased,  a  revenue,  known  by  the  name  of  the  civil 
list,  has  been  established  among  the  first  acts  of  every  reign,  not 
temporary,  or  from  year  to  year,  but  during  the  life  or  administra 
tion  of  the  Prince  upon  the  throne.  I  have  reason  to  think,  that 
if  the  Governors  of  this  colony  may  be  made  equally  secure  of  an 
adequate  provision  for  their  support,  the  Crown  will  never  inter 
pose. 

You  find  the  same  spirit  of  freedom  run  through  the  several  offi 
ces  in  the  English  government.  The  salaries  of  such  persons  as 
are  entrusted  with  the  executive  and  judiciary  powers,  do  not 
depend  upon  grants  made  by  the  House  of  Commons,  in  proportion 
to  their  abilities,  station,  and  merit,  as  you  say  it  is  essential  to  a 
free  government  that  they  should  do,  but  certain  fixed  salaries  and 


MASSACHUSETTS    STATE    PAPERS.  335 

emoluments  are  annexed  to  their  offices.  Indeed,  nothing  can  be 
more  dissonant  than  your  system  from  the  spirit  of  the  English 
constitution. 

You  have  made  a  forced  construction  of  a  clause  in  your  char 
ter,  and  have  then  made  a  very  essential  change  in  your  constitu 
tion^  that  it  may  agree  with  this  construction. 

By  your  charter,  the  legislative  power  consists  of  three  branch 
es,  and  the  consent  of  the  Governor  is  expressly  declared  to  be 
essential  to  every  valid  act  of  government.  You  say,  notwith 
standing,  that  he  is  constitutionally  dependent  upon  the  people 
for  his  support,  and  that  this  dependence  is  intended  as  a  check. 
This  check  must  be  by  withholding  his  support,  when,  in  some 
case  or  other,  he  shall  refuse  to  act,  or  act  contrary,  in  your 
judgment,  to  the  duty  of  his  station.  If  he  gives  up  his  own 
judgment,  and  conforms  to  yours,  does  not  the  act  in  such  case 
cease  to  be  the  act  of  the  Governor,  and  become  the  act  of  the 
House  of  Representatives,  and  will  it  not  thus,  so  far  destroy  one_ 
branch  of  the  constitution. 

Let  me  add  further,  if  a  Governor  departs  from  his  own  judg 
ment  and  conscience,  is  he  not  highly  criminal,  and  will  not  the 
House  of  Representatives,  which  compels  him  to  it,  be  at  least 
equally  guilty  with  him  ? 

I  am  sensible,  that  when  all  other  exceptions  to  this  representa 
tion  of  your  constitution  are  taken  away,  you  will  ask  what  secu 
rity  have  we  then  against  the  oppression  of  a  Governor  ?  The 
answer  is  obvious.  The  law  and  the  constitution  are  your  secu 
rity  ;  if  we  depart  from  them,  there  is  a  power  superior  to  him,  to 
which  he  is  accountable  for  his  maladministration.  This  is  all 
the  redress  which  can  consist  with  the  nature  of  a  subordinate 
government. 

No  state  of  government  is  perfect ;  if  we  have  all  that  perfection 
which  the  state  we  are  in  will  admit  of,  we  have  no  reason  to  com 
plain.  Indeed,  we  have  no  reason  to  fear  redress  from  any  op 
pression.  So  tender  has  been  our  most  gracious  Sovereign  of  the, 
rights  of  his  subjects,  that,  although  I  should  humbly  hope  for  royal 
forgiveness  in  case  of  inattention  to  some  points,  of  no  great  im 
portance,  which  might  affect  the  prerogative,  yet,  I  may  not  expect 
the  forgiveness  of  any  wilful  invasion  of  your  liberties. 

If,  when  you  declare  that  the  Assemblies,  ever  since  the  charter, 
have  made  an  adequate  provision  for  the  support  of  the  Governor, 
you  intend  a  provision  suitable  to  the  dignity  of  his  station,  and 
not  merely  such,  as  in  the  judgment  of  the  House,  the  particular 
merits  of  the  Governor  might  require,  you  will  not  be  able  to  main 
tain  your  assertion  ;  on  the  contrary,  it  evidently  appears,  that  in 
some  instances  the  support  of  the  Governor  has  been  delayed  un 
til  he  has  complied  with  the  measures  of  the  Assembly,  and  in 
others,  defalcations  have  been  made  from  it,  in  order  to  effect  the 
same  purpose, 


336  MASSACHUSETTS  STATE  PAPERS. 

If  you  had  known  the  provision  made  for  the  support  of  the 
Governor,  to  have  been,  as  it  probably  was,  in  consequence  of  the 
advice  of  his  Majesty's  Privy  Council,  you  would  not  have  de 
clared  that  such  advice  was  grounded  upon  false  information,  or 
proceeded  from  a  temper  inimical  to  his  Majesty,  and  to  the  peo 
ple  of  this  province. 

After  thus  declaring  my  opinion  of  your  proceedings,  and  giv 
ing  you  my  reasons  in  support  of  such  opinion,  you  will  not  expect 
that  I  should  make  my  application  to  his  Majesty,  agreeable  to  one 
of  your  resolves,  and  to  your  message,  by  your  committee,  to  al 
low  me  to  receive  my  whole  support  from  this  government. 
Your  votes  or  resolves,  I  must  transmit,  to  be  laid  before  his  Ma 
jesty. 

I  have  had  repeated  occasion  to  make  my  humble  application, 
that  the  doings  of  the  House  of  Representatives  may  be  consider 
ed  in  the  most  favorable  light. 

I  will  do  the  same  upon  this  occasion.  From  my  personal 
knowledge  of  the  majority  of  the  Members  of  the  House,  who  voted 
for  the  acceptance  of  this  report,  I  am  well  assured  that  they  have 
not  done  it  from  sinister  views  and  purposes,  but,  that  they  have 
been  induced  to  form  an  erroneous  opinion  of  the  rights  and 
powers  of  the  several  branches  of  this  Legislature.  I  wish  that 
this  may  palliate  what  it  is  not  in  my  power  to  justify  or  excuse. 

T.  HUTCHINSON. 


SPEECH 

OF  THE  GOVERNOR  TO  THE  TWO  HOUSES,  JANUARY  6,  1773, 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

I  HAVE  nothing  in  special  command  from  his  Majesty  to  lay 
before  you  at  this  time  ;  1  have  general  instructions  to  recommend 
to  you,  at  all  times,  such  measures  as  may  tend  to  promote  that 
peace  and  order,  upon  which  your  own  happiness  and  prosperity, 
as  well  as  his  Majesty's  service,  very  much  depend.  yThat  the 
government  is  at  present  in  a  disturbed  and  disordered  state,  is  a 
truth  too  evident  to  be  denied.  The  cause  of  this  disorder,  ap 
pears  to  me  equally  evident.  I  wish  I  may  be  able  to  make  it  ap 
pear  so  to  you,  for  then,  I  may  not  doubt  that  you  will  agree  with 
me  in  the  proper  measures  for  the  removal  of  it.  I  have  pleased 
myself,  for  several  years  past,  with  hopes,  that  the  cause  would 
cease  of  itself,  and  the  effect  with  it,  but  I  am  disappointed^  and 
I  may  not  any  longer,  consistent  with  my  duty  to  tne  King,  and 


MASSACHUSETTS    STATE    PAPERS.  337 

my  regard  to  the  interest  of  the  province,  delay  communicating 
my  sentiments  to  you  upon  a  matter  of  so  great  importance.  I 
shall  be  explicit,  and  treat  the  subject  without  reserve.  I  hope 
you  will  receive  what  I  have  to  say  upon  it,  with  candor,  and,  if 
you  shall  not  agree  in  sentiments  with  me,  I  promise  you,  with 
candor,  likewise,  to  receive  and  consider  what  you  may  offer  in 
answer. 

When  our  predecessors  first  took  possession  of  this  plantation, 
or  colony,  under  a  grant  and  charter  from  the  Crown  of  England, 
it  was  their  sense,  and  it  was  the  sense  of  the  kingdom,  that  they 
were  to  remain  subject  to  the  supreme  authority  of  Parliament. 
This  appears  from  the  charter  itself,  and  from  other  irresistible 
evidence.  This  supreme  authority  has,  from  time  to  time,  been, 
exercised  by  Parliament,  and  submitted  to  by  the  colony,  and  hatk 
been,  in  the  most  express  terms,  acknowledged  by  the  Legisla 
ture,  and,  except  about  the  time  of  the  anarchy  and  confusion  in 
England,  which  preceded  the  restoration  of  King  Charles  the 
Second,  I  have  not  discovered  that  it  has  been  called  in  question, 
even  by  private  or  particular  persons,  until  within  seven  or  eight 
years  last  past.  Our  provincial  or  local  laws  have,  in  numerous 
instances,  had  relation  to  acts  of  Parliament,  made  to  respect  the 
plantations  in  general,  and  this  colony  in  particular,  and  in  our 
Executive  Courts,  both  Juries  and  Judges  have,  to  all  intents  and 
purposes,  considered  such  acts  as  part  of  our  rule  of  law.  Such, 
a  constitution,  in  a  plantation,  is  not  peculiar  to  England,  but 
agrees  with  the  principles  of  the  most  celebrated  writers  upon  the 
law  of  nations,  that  "  when  a  nation  takes  possession  of  a  distant 
country,  and  settles  there,  that  country,  though  separated  from  the 
principal  establishment,  or  mother  country,  naturally  becomes  a 
part  of  the  state,  equally  with  its  ancient  possessions." 

So  much,  however,  of  the  spirit  of  liberty  breathes  through  all 
parts  of  the  English  constitution,  that,  although  from  the  nature  of 
government,  there  must  be  one  supreme  authority  over  the  whole, 
yet  this  constitution  will  admit  of  subordinate  powers  with  Legis 
lative  and  Executive  authority,  greater  or  less,  according  to  local 
and  other  circumstances.  Thus  we  see  a  variety  of  corporations 
formed  within  the  kingdom,  with  powers  to  make  and  execute 
such  by-laws  as  are  for  their  immediate  use  and  benefit,  the  mem 
bers  of  such  corporations  still  remaining  subject  to  the  general 
laws  of  the  kingdom.  We  see  also  governments  established  in  the 
plantations,  which,  from  their  separate  and  remote  situation,  re 
quire  more  general  and  extensive  powers  of  legislation  within  them 
selves,  than  those  formed  within  the  kingdom,  but  subject,  never 
theless,  to  all  such  laws  of  the  kingdom  as  immediately  respect 
them,  or  are  designed  to  extend  to  them  ;  and,  accordingly,  we.  in 
this  province  have,  from  the  first  settlement  of  it.  been  left  to  the 
exercise  of  our  Legislative  and  Executive  powers.  Parliament  occa- 
4$ 


338  MASSACHUSETTS  STATE  PAPERS. 

sionally,  though  rarely,  interposing,  as  in  its  wisdom  has  been, 
judged  necessary. 

Under  this  constitution,  for  more  than  one  hundred  years,  the 
laws  both  of  the  supreme  and  subordinate  authority  were  in  gen 
eral,  duly  executed  ;  offenders  against  them  have  been  brought  to 
condign  punishment,  peace  and  order  have  been  maintained,  and 
the  people  of  this  province  have  experienced  as  largely  the  ad 
vantages  of  government,  as,  perhaps,  any  people  upon  the  globe  : 
and  they  have,  from  time  to  time,  in  the  most  public  manner  ex 
pressed  their  sense  of  it,  and,  once  in  every  year,  have  offered  up 
their  united  thanksgivings  to  God  for  tfie  enjoyment  of  these 
privileges,  and,  as  often,  their  united  prayers  for  the  continuance 
of  them. 

M!  length  the  constitution  has  been  called  in  question,  and  the 
authority  of  the  Parliament  of  Great  Britain  to  make  and  establish 
laws  for  the  inhabitants  of  this  province  has  been,  by  many,  de 
nied.  What  was  at  first  whispered  with  caution,  was  soon  after 
openly  asserted  in  print ;  and,  of  late,  a  number  of  inhabitants,  in, 
several  of  the  principal  towns  in  the  province,  having  assembled  to 
gether  in  their  respective  towns,  and  have  assumed  the  name  of 
\/  legal  town  meetings,  have  passed  resolves,  which  they  have  order 
ed  to  be  placed  upon  their  town  records,  and  caused  to  be  printed 
and  published  in  pamphlets  and  newspapers.  I  am  sorry  that  it  is 
thus  become  impossible  to  conceal,  what  I  could  wish  had  never 
been  made  public.  I  will  not  particularize  these  resolves  or  votes, 
and  shall  only  observe  to  you  in  general,  that  some  of  them  deny 
the  supreme  authority  of  Parliament,  and  so'are  repugnant  to  the 
principles  of  the  constitution,  and  that  others  speak  of  this  su 
preme  authority,  of  which  the  King  is  a  constituent  part,  and  to 
every  act  of  which  his  assent  is  necessary,  in  such  terms  as  have  a 
direct  tendency  to  alienate  the  affections  of  the  people  from  their 
Sovereign,  who  has  ever  been  most  tender  of  their  rights,  and 
whose  person,  crown,  and  dignity,  we  are  under  every  possible 
obligation  to  defend  and  support.  In  consequence  of  these  re 
solves,  committees  of  correspondence  are  formed  in  several  of 
those  towns,  to  maintain  the  principles  upon  which  they  are 
foundeST) 

I  know"  of  no  arguments,  founded  in  reason,  which  will  be  suffi 
cient  to  support  these  principles,  or  to  justify  the  measures  taken 
in  consequence  of  them.  It  has  been  urged,  that  the  sole  power 
of  making  laws  is  granted,  by  charter,  to  a  Legislature  established 
in  the  province,  consisting  of  the  King,  by  his  Representative  the 
Governor,  the  Council,  and  the  House  or  Representatives ;  that, 
by  this  charter,  there  are  likewise  granted,  or  assured  to  the  inhab 
itants  of  the  province,  all  the  liberties  aud  immunities  of  free  and 
natural  subjects,  to  all  intents,  constructions  and  purposes  what 
soever,  as  if  they  had  been  born  within  the  realms  of  England  ; 


MASSACHUSETTS   STATE    PAPERS.  339 


it  is  part  of  the  liberties  of  English  subjects,  which  has  its 
dation  in  nature,  to  be  governed  by  laws  made  by  their  con 


that 

foundation 

sent  in  person,  or  by  their  representative  ;    that  the  subjects  in 

this  province  are  not,  and  cannot  be  represented  in  the  Parliament 

of  Great  Britain,  and,  consequently,  the  acts  of  that  Parliament 

cannot  be  binding  upon  them.  ^- 

l  do  not  find,  gentlemen,  in  the  charter,  such  an  expression  asx 
sole  power,  or  any  words  which  import  it.  The  General  Court 
has,  by  charter,  full  power  to  make  such  laws,  as  are  not  repug 
nant  to  the  laws  of  England.  A  favorable  construction  has  been 
put  upon  this  clause,  when  it  has  been  allowed  to  intend  such  laws 
of  England  only,  as  arc  expressly  declared  to  respect  us.  Surely 
then  this  is,  by  charter,  a  reserve  of  power  and  authority  to  Par- 
1  lament  to  bind  us  by  such  laws,  at  least,  as  are  made  expressly  to 
refer  to  us,  and  consequently,  is  a  limitation  of  the  power  giyen 
to  the  General  Court.  Nor  can  it  be  contended,  that,  by  the  limits 
of  free  and  natural  subjects,  is  to  be  understood  an  exemption 
from  acts  of  Parliament,  because  not  represented  there,  seeing  it 
is  provided  by  the  same  charter,  that  such  acts  shall  be  in  force  ; 
and  if  they  that  make  the  objection  to  such  'acts,  will  read  the 
charter  with  attention,  they  must  be  convinced  that  this  grant  of 
liberties  and  immunities  is  nothing  more  than  a  declaration  and 
assurance  on  the  part  of  the  Crown,  that  the  place,  to  which  their 
predecessors  were  about  to  remove,  was,  and  would  be  considered 
as  part  of  the  dominions  of  the  Crown  of  England,  and,  therefore. 
that  the  subjects  of  the  Crown  so  removing,  and  those  born  there, 
or  in  their  passage  thither,  or  in  their  passage  from  thence,  would 
not  become  aliens,  but  would,  throughout  all  parts  of  the  English 
dominions,  wherever  they  might  happen  to  be,  as  well  as  within 
the  colony,  retain  the  liberties  and  immunities  of  free  and  natural 
subjects,  their  removal  from,  or  not  being  born  within  the  realm 
notwithstanding.  If  the  plantations  be  part  of  the  dominions  of 
the  Crown,  this  clause  in  the  charter  does  not  confer  or  reserve 
any  liberties,  but  what  would  have  been  enjoyed  without  it,  and 
what  the  inhabitants  of  every  other  colony  do  enjoy  where  they 
are  without  a  charter.  If  the  plantations  are  not  the  dominions 
of  the  Crown,  will  not  ail  that  are  born  here,  be  considered  as  born 
out  of  the  liegearice  of  the  King  of  England,  and.  whenever  they 
go  into  any  parts  of  the  dominions,  will  they  not  be  deemed  aliens 
to  all  intents  and  purposes,  this  grant  in  the  charter  notwithstand 
ing  ? 

They  who  claim  exemption  from  acts  of  Parliament  by  virtue  of 
their  rights  as  Englishmen,  should  consider  that  it  is  impossible 
the  rights  of  English  subjects  should  be  the  same,  in  every  respect, 
in  all  parts  of  the  dominions.  It  is  one  of  their  rights  as  English 
subjects,  to  be  governed  by  laws  made  by  persons,  in  whose  elec 
tion  they  have,  from,  time  to  time,  a  voice  ;  they  remove  from  the 
kingdom,  where,  perhaps,  they  \vere  in  the  full  exercise  of  thh 


:\  .-* 


340  MASSACHUSETTS    STATE    PAPERS. 

right,  to  the  plantations,  where  it  cannot  be  exercised,  or  where* 
the  exercise  of  it  would  be  of  no  benefit  to  them.  Does  it  follow 
that  the  government,  by  their  removal  from  one  part  of  the  domin 
ions  to  another,  loses  its  authority  over  that  part  to  which  they 
remove,  and  that  they  are  freed  from  the  subjection  they  were 

:der  before ;  or  do  they  expect  that  government  should  relin- 
ish  its  authority  because  they  cannot  enjoy  this  particular  right? 
ill  it  not  rather  be  said,  that  by  this,  their  voluntary  removal, 
sy  have  relinquished  for  a  time  at  least,  one  of  the  rights  of  an 
English  subject,  which  they  might,  if  they  pleased,  have  continued 
to  enjoy,  and  may  again  enjoyj_whensoever  they  will  return  to  the 
place  where  it  can  be  exercised*?) 

They  who  claim  exemption,  as  part  of  their  rights  by  nature, 
should  consider  that  every  restraint  which  men  are  laid  under  by 
a  state  of  government,  is  a  privation  of  part  of  their  natural  rights ; 
and  of  all  the  different  forms  of  government  which  exist,  there  can. 
be  no  two  of  them  in  which  the  departure  from  natural  rights  is 
exactly  the  same.  Even  in  case  of  representation  by  election,  do 
they  not  give  up  part  of  their  natural  rights  when  they  consent  to 
be  represented  by  such  person  as  shall  be  chosen  by  the  majority 
of  the  electors,  although  their  own  voices  may  be  for  some  other 
person  ?  And  is  it  not  contrary  to  their  natural  rights  to  be 
obliged  to  submit  to  a  representative  for  seven  years,  or  even  one 
year,  after  they  are  dissatisfied  with  his  conduct,  although  they 
gave  their  voices  for  him  when  he  was  elected  ?  This  must,  there 
fore,  be  considered  as  an  objection  against  a  state  of  government^ 
rather  than  against  any  particular  form. 

If  what  I  have  said  shall  not  be  sufficient  to  satisfy  such  as  ob 
ject  to  the  supreme  authority  of  Parliament  over  the  plantations, 
there  may  something  further  be  added  to  induce  them  to  an  ac 
knowledgment  of  it,  which,  I  think,  will  well  deserve  their  con- 
sideration.  I  know  of  no  line  that  can  be  drawn  between  the 
X*^  \  ^  1  supreme  authority  of  Parliament  and  the  total  independence  of  the 

v]  ^  i  -jfcJL  colonies:  it  is  impossible  there  should  be  two  independent  Legisla 
tures  in  one  and  the  same  state  ;  for,  although  there  may  be  but  one 
head,  the  King,  yet  the  two  Legislative  bodies  will  make  two 
governments  as  distinct  as  the  kingdoms  of  England  and  Scotland 
before  the  union.  If  we  might  be  suffered  to  be  altogether  inde 
pendent  of  Great  Britain,  could  we  have  any  claim  to  the  protec 
tion  of  that  government,  of  which  we  are  no  longer  a  part  ?  With 
out  this  protection,  should  we  not  become  the  prey  of  one  or  the 
other  powers  of  Europe,  such  as  should  first  seize  upon  us  ?  Is 
there  any  thing  which  we  have  more  reason  to  dread  than  inde 
pendence  ?  I  hope  it  never  will  be  our  misfortune  to  know,  by 
experience,  the  difference  between  the  liberties  of  an  English  col 
onist,  and  those  of  the  Spanish,  French,  or  Dutch. 

If  then,  the  supremacy  of  Parliament  over  the  whole  British  do 
minions  shall  no  longer  be  denied,  it  will  follow  that  the  mere  ex- 


m 


MASSACHUSETTS    STATE    PAPERS. 

crcise  of  its  authority  can  be  no  matter  of  grievance.  If  it  has 
been,  or  shall  be  exercised  in  such  way  and  manner  as  shall  ap 
pear  to  be  grievous,  still  this  cannot  be  sufficient  ground  for  im 
mediately  denying  or  renouncing  the  authority,  or  refusing  to  sub 
mit  to  it.  The  acts  and  doings  of  authority,  in  the  most  perfect 
form  of  government,  will  not  always  be  thought  just  and  equitable,, 
by  all  the  parts  of  which  it  consists ;  "but  it  is  the  greatest  absurd 
ity,  to  admit  the  several  parts  to  be  at  liberty  to  obey,  or  disobey, 
according  as  the  acts  of  such  authority  may  be  approved,  or  dis 
approved  of  by  them,  for  this  necessarily  works  a  dissolution  of 
the  government.  The  manner,  then,  of  obtaining  redress,  must  be 
by  representations  and  endeavors,  in  such  ways  and  forms,  as  the 
established  rules  of  the  constitution  prescribe  or  allow,  in  order  to 
make  any  matters,  alleged  to  be  grievances,  appear  to  be  really 
such ;  but,  I^ncejy£itisj^Ltlier.th£LBiere  exercise  of  this  authority, 
which  is  complained  of  as  a  grievance,  than  any  heavy  burdens 
\Iueh  have  been  brought  upon  the  people"  by  means  of  it. 
*'As~coritentinent  and  order  were  the  happy  effects  of  a  constitu 
tion,  strengthened  by  universal  assent  and  approbation,  so  discon 
tent  and  disorder  are  now  the  deplorable  effects  of  a  constitution, 
enfeebled  by  contest  and  opposition.  Besides  divisions  and  ani 
mosities,  which  disturb  the  peace  of  towns  and  families,  the  law  in 
some  important  cases  cannot  have  its  course;  offenders  ordered, 
by  advice  of  his  Majesty's  Council,  to  be  prosecuted,  escape  with 
impunity,  and  are  supported  and  encouraged  to  go  on  offending; 
the  authority  of  government  is  brought  into  contempt,  and  there 
are  but  small  remains  of  that  subordination,  which  was  once  very 
conspicuous  in  this  colony,  and  which  is  essential  to  a  well  regu 
lated  state. 

When  the  bands  of  government  are  thus  weakened,  it  certain!  y 
behoves  those  with  whom  the  powers  of  government  are  entrusted, 
to  omit  nothing  which  may  tend  to  strengthen  them. 

I  have  disclosed  my  sentiments  to  you  without  reserve.  Let 
me  entreat  you  to  consider  them  calmly,  and  not  be  too  sudden  in 
your  determination.  If  my  principles'  of  government  are  right, 
let  us  adhere  to  them.  With  the  same  principles,  our  ancestors 
were  easy  and  happy  for  a  long  course  of  years  together,  and  I 
know  of  no  reason  to  doubt  of  your  being  equally  easy  and  happy. 
The  people,  influenced  by  you,  will  desist  from  their  unconstitu 
tional  principles,  and  desist  from  their  irregularities,  which  are 
the  consequence  of  them ;  they  will  be  convinced  that  every  thing 
which  is  valuable  to  them,  depend  upon  their  connexion  with  their 
parent  state ;  that  this  connexion  cannot  be  carried  in  any  other 
way,  than  such  as  will  also  continue  their  dependence  upon  the 
supreme  authority  of  the  British  dominions ;  and  that,  notwith 
standing  this  dependence,  they  will  enjoy  as  great  a  proportion  of 
those,  to  which  they  have  a  claim  by  nature,  or  as  Englishmen,  as 
can  be  enjoyed  by  a  plantation  or  colony. 


342  MASSACHUSETTS  STATE  PAPERS. 

£lf  I  am  wrong  in  my  principles  of  government,  or  in  the  infer 
ences  which  I  have  drawn  from  them,  I  wish  to  be  convinced  of 
my  error.  Independence,  I  may  not  allow  myself  to  think  that 
you  can  possibly  have  in  contemplation.  If  you  can  conceive  of 
any  other  constitutional  dependence  than  what  I  have  mentioned, 
if  you  are  of  opinion,  that  upon  any  other  principles  our  connexion 
with  the  state  from  which  we  sprang,  can  be  continued,  communi 
cate  your  sentiments  to  me  with  the  same  jfcgedom  and  unreserv 
ed  ness,  as  I  have  communicated  mine  to  youT\ 

I  have  no  desire,  gentlemen,  by  any  thingl  have  said,  to  pre 
clude  you  from  seeking  relief,  in  a  constitutional  way,  in  any 
cases  in  which  you  have  heretofore,  or  may  hereafter  suppose  that 
you  are  aggrieved  ;  and,  although  I  should  not  concur  with  you  in 
sentiment,  I  will,  notwithstanding,  do  nothing  to  lessen  the 
weight  which  your  representations  may  deserve.  I  have  laid  be 
fore  you  what  I  think  are  the  principles  of  your  constitution  ;  if 
you  do  not  agree  with  me,  I  wish  to  know  your  objections ;  they 
may  be  convincing  to  me,  or  I  may  be  able  to  satisfy  you  of  the 
insufficiency  of  them.  In  either  case,  I  hope  we  shall  put  an  end 
to  those  irregularities,  which  ever  will  be  the  portion  of  a  govern 
ment  where  the  supreme  authority  is  controverted,  and  introduce 
that  tranquillity,  which  seems  to  have  taken  place  in  most  of  the 
colonies  upon  the  continent. 

The  ordinary  business  of  the  session,  I  will  not  now  particularly 
point  out  to  you.  To  the  enacting  of  any  new  laws,  which  may 
be  necessary  for  the  more  equal  and  effectual  distribution  of  jus 
tice,  or  for  giving  further  encouragement  to  our  merchandize, 
fishery,  and  agriculture,  which,  through  the  divine  favor,  are  al 
ready  in  a  very  flourishing  state,  or  for  promoting  any  measures, 
which  may  conduce  to  the  general  good  of  the  province,  I  will 
readily  give  my  assent  or  concurrence.  T.  HUTCHINSON. 


ANSWER 

OF  THE  COUNCIL  TO  THE  SPEECH  OF  GOVERNOR   HUTCHINSON, 
OF  JANUARY  6 JANUARY  25,  1773. 

May  it  please  your  Excellency, 

THE  Board  have  considered  your  Excellency's  speech  to  both 
Houses,  with  the  attention  due  to  the  object  of  it ;  and,  we  hope, 
with  the  candor  you  were  pleased  to  recommend  to  them.  We 
thank  you  for  the  promise,  that,  "  if  we  shall  not  agree  with  you 
in  sentiment,  you  will,  with  candor,  likewise  receive  and  consider 
what  we  may  offer  in  answer." 


MASSACHUSETTS    STATE   PAPERS.  343 

Your  speech  informs  the  two  Houses,  that  this  government  is  at 
present  in  a  disturbed  and  disordered  state ;  that  the  cause  of 
this  disorder  is  the  unconstitutional  principles  adopted  by  the  peo 
ple,  in  questioning  the  supreme  authority  of  Parliament:  and  that 
the  proper  measure  for  removing  the  disorder,  must  be  the  substi 
tuting  of  contrary  principles. 

Our  opinion  on  these  heads,  as  well  as  on  some  others,  proper 
to  be  noticed,  will  be  obvious,  in  the  course  of  the  following  ob 
servations. 

With  regard  to  the  present  disordered  state  of  the  government, 
it  can  have  no  reference  to  tumults  or  riots  j  from  which  this  gov 
ernment  is  as  free  as  anyWi^eTpvvTialtever.  If  your  Excellency 
meant,  only,  that  the  province  is  discontented,  and  in  a  state  of 
uneasiness,  we  should  entirely  agree  with  you  ;  but  you  will  per 
mit  us  to  say,  that  we  are  not  so  well  agreed  in  the  cause  of  it. 
The  uneasiness,  which  was  a  general  one,  throughout  the  colonies, 
began  when  you  inform,  the  authority  of  Parliament  was  first 
called  in  question,  viz.  about  seven  or  eight  years  ago.  Your  men 
tioning  that  particular  time,  might  have  suggested  to  your  Excel 
lency  the  true  cause  of  the  origin  and  continuance  of  that  uneasi 
ness. 

At  that  time,  the  stamp  act,  then  lately  made,  began  to  operate ; 
which,  with  some  preceding  and  succeeding  acts  of  Parliament, 
subjecting  the  colonies  to  taxes,  without  their  consent,  was  the 
original  cause  of  all  the  uneasiness  which  has  happened  since ;  and 
has  also  occasioned  an  inquiry  into  the  nature  and  extent  of  the 
authority,  by  which  they  were  made.  The  late  town  meetings  in 
several  towns,  are  instances  of  both.  These  are  mentioned  by 
your  Excellency,  in  proof  of  a  disordered  state.  But.  though  we 
do  not  approve  of  some  of  their  resolves,  we  think  they  had  a 
clear  right  to  instruct  their  Representatives  i-n  any  subject  they  ap 
prehended  to  be  of  sufficient  importance  to  require  it ;  which  ne 
cessarily  implies  a  previous  consideration  and  expression  of  their 
minds  on  that  subject,  however  mistaken  they  may  be  concerning  it. 

When  a  community,  great  or  small,  think  their  rights  and  privi 
leges  infringed,  they  will  express  their  uneasiness  in  a  variety  of 
ways;  some  of  which,  may  be  highly  improper  and  criminal.  So 
far  as  any  of  an  atrocious  nature  have  taken  place,  we  would  ex 
press  our  abhorrence  of  them ;  and,  as  we  have  always  done,  hith 
erto,  we  shall  continue  to  do  every  thing  in  our  power,  to  discour 
age  and  suppress  them.  But  it  is  in  vain  to  hope  that  this  can  be 
done  effectually,  so  long  as  the  cause  of  the  uneasiness  exists. 
Your  Excellency  will  perceive  that  the  cause  you  assign,  is,  by  us, 
supposed  to  be  an  effect,  derived  from  the  original  cause,  above 
mentioned  ;  the  removal  of  which,  will  remove  its  effects. 

To  obtain  this  removal,  we  agree  with  you  in  the  method  pointed 
out  in  your  speech,  where  you  say,  "the  manner  of  obtaining  re 
dress  must  be  by  representation,  and  endeavors,  in  such  ways  and 


* 


\ 


344  MASSACHUSETTS    STATE    PAPERS. 

forms  as  the  constitution  allows,  in  order  to  make  any  matters  al 
leged  to  be  grievances,  appear  to  be  really  such. 

This  method  has  been  pursued  repeatedly.  Petitions  to  Parlia 
ment  have  gone  from  the  colonies,  and  from  this  colony  in  partic 
ular  ;  but  without  success.  Some  of  them,  in  a  former  Ministry.; 
were  previously  shewn  to  the  Minister,  who,  as  we  have  been  in 
formed,  advised  the  Agents  to  postpone  presenting  them  to  the 
House  of  Commons,  till  the  first  reading  of  the  bill  they  referred 
to  ;  when,  being  presented,  a  rul£  of  the  House  against  receiving 
petitions  on  money  bills,  was  urged  for  rejecting  them,  and  they 
were  rejected,  accordingly  ;  and  other  petitions,  for  want  of  for 
mality,  or  whatever  was  the  reason,  have  had  the  same  fate.  This 
we  mention,  not  by  way  of  censure  on  that  honorable  House,  but  in 
some  measure  to  account  for  the  conduct  of  those  persons,  who, 
despairing  of  redress,  in  a  constitutional  way,  have  denied  the  just 
authority  of  Parliament ;  concerning  which,  we  shall  now  give 
our  own  sentiments,  intermixed  with  observations  on  those  of 
your  Excellency. 

You  are  pleased  to  observe,  that  when  our  predecessors  first 
took  possession  of  this  colony,  under  a  grant  and  charter  from  the 
Crown  of  England,  it  was  their  sense,  and  the  sense  of  the  whole 
kingdom,  that  they  were  to  remain  subject  to  the  supreme  author 
ity  of  Parliament  ;  and  to  prove  that  subjection,  the  greater  part 
of^pur  speech  is  employ ea. 

QR  order  to  a  right  conception  of  this  matter,  it  is  necessary  to 
guard  against  any  improper  idea  of  the  term  supreme  authority. 
In  your  idea  of  it,  your  Excellency  seems  to  include  unlimited 
authority  ;  for,  you  are  pleased  to  say,  that  you  know  of  no  line 
which  can  be  drawn  between  the  supreme  authority  of  Parliament, 
and  the  real  independence  of  the  colonies.  But  if  no  such  line 
can  be  drawn,  a  denial  of  that  authority,  in  any  instance  whatev 
er,  implies  and  amounts  to  a  declaration  of  total  independence. 
But  if  supreme  authority,  includes  unlimited  authority,  the  subjects 
of  it  are  emphatically  slaves  5  and  equally  so,  whether  residing  in: 
the  colonies,  or  Great  Britain.  And,  indeed,  in  this  respect,  all 
the  nations  on  earth,  among  whom  government  exists  in  any  of  its 
forms,  would  be  alike  conditioned,  excepting  so  far  as  the  mere 
grace  and  favor  of  their  Governors  might  make  a  difference,  for 
From,  the  nature  of  government  there  must  be,  as  your  Excellency 
has  observed,  one  supreme  authority  over  the  whole. 

We  cannot  think,  that  when  our  predecessors  took  possession  of 
this  colony,  it  was  their  sense,  or  the  sense  of  the  kingdom,  that 
they  were  to  remain  subject  to  the  supreme  authority  of  Parlia 
ment  in  this  idea  of  it.  Nor  can  we  find,  that  this  appears  from 
the  charter;  or,  that  such  authority  has  ever  been  exercised  by 
Parliament,  submitted  to  by  the  colony,,  or  acknowledged  by  the 
Legislature. 


MASSACHUSETTS    STATE   PAPERS.  345 


Supreme,  or  unlimited  authority,  can  with  fitness,  belong  only  to 
the  Sovereign  of  the  universe  ;  and  that  fitness  is  derived  from 
the  perfection  of  his  nature.  To  such  authority,  directed  by  infi 
nite  wisdom  and  infinite  goodness,  is  due  both  active  and  passive 
obedience  ;  which,  as  it  constitutes  the  happiness  of  rational  crea 
tures,  should,  with  cheerfulness,  and  from  choice,  be  unlimitedly 
paid  by  them.  But,  this  can  be  said  with  truth,  of  no  other  au 
thority  whatever.  If,  then,  from  the  nature  and  end  of  govern 
ment,  the  supreme  authority  of  every  government  is  limited,  the 
supreme  authority  of  Parliament  must  be  limited  ;  and  the  inquiry 
will  be,  \vJialjLrj^jIiaiij]^^jofJJ^  authority,  with  regard  to  this 
colony?  To  fix  them  with  precision,  to  determine  the  exact  lines 
of  right  and  wrong  in  this  case,  as  in  some  others,  is  difficult  ;  and 
we  have  not  the  presumption  to  attempt  it.  But  we  humbly  hope, 
that,  as  we  are  personally  and  relatively,  in  our  public  and  private 
capacities,  for  ourselves,  for  the  whole  province,  and  posterity,  so 
deeply  interested  in  this  important  subject,  it  will  not  be  deemed 
arrogance  to  give  some  general  sentiments  upon  it,  especially  as 
your  Excellency's  speech  has  made  it  absolutely  necessary, 

For  this  purpose,  we  shall  recur  to  those  records  which  contain 
the  main  principles  on  which  the  English  constitution  is  founded  j 
and  from  them  make  such  extracts  as  are  pertinent  to  the  subject.^ 

Magna  Charta  declares,  that  no  aid  thall  be  imposed  in  the  king 
dom,  unless  by  the  Common  Council  of  the  kingdom,  except  to  re 
deem  the  King's  person,  &c.  And  that  all  cities,  boroughs,  towns, 
and  ports,  shall  have  their  liberties  and  free  customs  ;  and  shall 
have  the  Common  Council  of  the  kingdom,  concerning  the  assess 
ment  of  their  aids,  except  in  the  cases  aforesaid. 

The  statute  of  the  34th  of  Edward  I.  de  tallio  non  concedendo^ 
declares,  ,  that  no  tallage  or  aid  should  be  laid  or  levied  by  the  King 
or  his  heirs,  in  the  realm,  without  the  good  will  and  assent  of  the 
Archbishops,  Bishops,  Earls,  Barons.  Knights,  Burgesses,  and  oth 
ers,  the  freemen  of  the  commonalty  of  this  realm.  A  statute  of 
the  25th  Edward  III.  enacts,  that  from  thenceforth,  no  person  shall 
be  compelled  to  make  any  loans  to  the  King,  against  his  will,  be 
cause  such  loans  were  against  reason  and  the  franchise  of  the  land. 

The  petition  of  rights  in  the  3d  of  Charles  I.  in  which  are  cited 
the  two  foregoing  statutes,  declares,  that,  by  those  statutes,  and 
other  good  laws  and  statutes  of  the  realm,  his  Majesty's  subjects 
inherited  this  freedom,  that  they  should  not  be  compelled  to  con 
tribute  to  any  tax,  tallage,  aid,  or  other  like  charge,  not  set  by 
common  consent  of  Parliament. 

And  the  statute  of  the  1st  of  William  III.  for  declaring  the 
rights  and  liberties  of  the  subject,  and  settling  the  succession  of 
the  Crown,  declares,  that  the  levying  of  money  for,  or  to  the  use 
of  the  Crown,  by  pretence  of  prerogative,  without  grant  of  Par 
liament  for  longer  time,  or  in  any  other  manner  than  the  same  is., 
oi'  shall  be  granted,  is  illegal. 
44 


346  MASSACHUSETTS  STATE  PAPERS. 

(From  these  authorities,  it  appears  an  essential  part  of  the  Eng 
lisTTconstitution,  that  no  tallage,  or  aid,  or  tax,  shall  be  laid  or 
levied  without  the  good  will  and  assent  of  the  freedom  of  the  com 
monalty  of  the  realm.  If  this  could  be  done  without  their  assent, 
their  property  would  be  in  the  highest  degree  precarious ;  or  rather 
they  could  not,  with  fitness,  be  said  to  have  any  property  at  all. 
At  best,  they  would  be  only  the  holders  ofit  for  the  use  of  the 
Crown,  and  the  Crown  be  the  real  proprietor^]  This  would  be  vas 
salage  in  the  extreme,  from  whichvthe  generous  nature  of  English 
men  have  been  so  abhorrent,  that  they  have  bled  with  freedom  in 
defence  of  this  part  of  their  constitution,  which  has  preserved  them 
from  it ;  and  influenced  by  the  same  generosity,  they  can  never 
view  with  disapprobation,  any  lawful  measures  taken  by  us  for  the 
defence  of  our  own  constitution,  which  entitles  us  to  the  same 
rights  and  privileges  with  themselves.  These  were  derived  to  us 
from  common  law,  which  is  the  inheritance  of  all  his  Majesty's 
subjects  ;  have  been  recognized  by  acts  of  Parliament,  and  con 
firmed  by  the  province  charter,  which  established  its  constitution ; 
and  which  charter,  has  been  recognized  by  acts  of  Parliament  also. 
This  act  was  made  in  the  second  year  of  the  reign  of  his  late  Majesty 
George  II.  for  the  better  preservation  of  his  Majesty's  woods  in 
x\merica,in  which  is  recited  the  clause  of  the  charter,  reserving  for 
the  use  of  the  royal  navy,  all  trees  suitable  for  masts ;  and  on  this  char- 
ter  is  grounded  the  succeeding  enacting  clause  of  the  act ;  and  thus 
is  the  charter  implicitly  confirmed  by  act  of  Parliament.  From  all 
which  it  appears,  that  the  inhabitants  of  this  colony  are  clearly  en 
titled  to  all  the  rights  and  privileges  of  free  and  natural  subjects  ; 
which  certainly  must  include  that  most  essential  one,  that  no  aid 
or  taxes  be  levied  on  them,  without  their  own  consent,  signified  by 
their.  Representatives. 

^But,  from  the  clause  in  the  charter,  relative  to  the  power  granted 
totne  General  Court,  to  make  laws  not  repugnant  to  the  laws  of 
England,  your  Excellency  draws  this  inference,  that  surely  this 
is,  by  charter,  a  reserve  of  power  and  authority  to  Parliament,  to 
bind  us  by  such  laws,  at  least,  as  are  made  to  refer  to  us,  and  con 
sequently  is  a  limitation  of  the  power  given  to  the  General  Court. 
If  it  be  allowed,  that,  by  that  clause  there  was  a  reserve  of  power 
to  Parliament,  to  bind  the  province,  it  was  only  by  such  laws  as 
were  in  being  at  the  time  the  charter  was  granted  ;  for,  by  the  char 
ter,  there  is  nothing  appears  to  make  it  refer  to  any  parliamentary 
laws,  that  should  be  afterwards  made  ;  and  therefore,  it  will  not 
support  your  Excellency's  inference. 

The  grant  of  power  to  the  General  Court  to  make  laws,  runs 
thus — "  full  power  and  authority,  from  time  to  time,  to  make  and 
ordain,  and  establish,  all  manner  of  wholesome  and  reasonable 
laws,  orders,  statutes  and  ordinances,  directions  and  instructions, 
either  with  penalties  or  without,  so  as  the  same  be  not  repugnant 
or  contrary  to  the  laws  of  this  our  realm  of  England,  as  they  shall 


MASSACHUSETTS    STATE    PAPERS.  347 

judge  to  be  for  the  good  and  welfare  of  our  said  province."  We  \ 
humbly  conceive  an  inference  very  different  from  your  Excellen 
cy's,  and  a  very  just  one  too,  may  be  drawn  from  this  clause,  if  at 
tention  be  given  to  the  description  of  the  orders  and  laws  that  were 
to  be  made.  They  were  to  be  wholesome,  reasonable,  and  for  the 
good  and  welfare  of  the  province  5  and  in  order  that  they  might  be 
so,  it  is  provided,  that  they  be  not  repugnant  or  contrary  to  the 
laws  of  the  realm,  which  were  then  in  being  ;  by  which  proviso,  all 
the  liberties  and  immunities  of  free  and  natural  subjects  within  the 
realm,  were  more  effectually  secured  to  the  inhabitants  of  the  pro 
vince,  agreeable  to  another  clause  in  the  charter,  whereby  those 
liberties  and  immunities  are  expressly  granted  to  them  ;  and  ac 
cordingly,  the  power  of  the  General  Court  is  so  far  limited,  that 
they  shall  not  make  orders  and  laws  to  take  away  or  diminish  those 
liberties  and  immunities. 

This  construction  appears  to  us  a  just  one,  and  perhaps  may  ap-  /)$i$\ 
pear  so  to  your  Excellency,  if  you  will  please  to  consider,  that,  by  a^vu/wjl 
another  part  of  the  charter,  effectual  care  was  taken  for  preventing  J^ 
the  General  Assembly  passing  of  orders  and  laws  repugnant  to,  or 
that  in  any  way  might  militate  with  acts  of  Parliament  then  or  since 
made,  or  that  might  be  exceptionable  in  any  other  respect  whatev 
er  ;  for  the  charter  reserves  to  his  Majesty  the  appointment  of  the 
Governor,  whose  assent  is  necessary  in  the  passing  of  all  orders 
and  laws  ;  after  which,  they  are  to  be  sent  to  England,  for  the 
royal  approbation  or  disallowance  5  by  which  double  control,  ef 
fectual  care  is  taken  to  prevent  the  establishment  of  any  improper 
orders  or  laws,  whatever.  Besides,  your  Excellency  is  sensible 
that  letters  patent  must  be  construed  one  part  with  another,  and 
all  the  parts  of  them  together,  so  as  to  make  the  whole  harmonize 
;ind  agree.  But  your  Excellency's  construction  of  the  paragraph 
empowering  the  General  Court  to  make  orders  and  laws,  does  by 
TIO  means  harmonize  and  agree  with  the  paragraph  granting  liber 
ties  and  immunities  ;  and  therefore,  we  humbly  conceive,  is  not  to 
be  admitted  :  whereas  on  the  other  construction,  there  is  a  perfect 
harmony  and  agreement  between  them.  But  supposing  your  Ex 
cellency's  inference  just,  that  by  said  former  paragraph,  consider 
ed  by  itself,  are  reserved  to  Parliament,  power  and  authority  to 
bind  us  by  laws  made  expressly  to  refer  us,  does  it  consist  with 
justice  and  equity,  that  it  should  be  considered  a  part,  and  urged 
against  the  people  of  this  province,  with  all  its  force,  and  without 
limitation  ;  and  at  the  same  time,  the  other  paragraph,  which  they 
thought  secured  to  them  the  essential  rights  and  privileges  of  free 
and  natural  subjects,  be  rendered  of  no  Validity. 

If  the  former  paragraph  (in  this  supposed  case)  be  binding  on 
this  people,  the  latter  must  be  binding  on  the  Crown, ..which  thereby 
became  guarantee  of  those  rights  and  privileges,  or  it  must  be  sup 
posed  that  one  party  is  held  by  a  compact,  and  the  other  not ;  1 
'•yhich  supposition  is  against  reason  and  against  law;  and  there*  J 


348  MASSACHUSETTS    STATE    PAPERS. 

fore,  destroys  the  foundation  of  the  inference.  Supposing  it  welt 
founded,  however,  it  \tould  not  from  thence  follow,  that  the  char 
ter  intended  such  laws  as  should  subject  the  inhabitants  of  this 
province  to  taxes,  without  their  consent;  for,  (as  it  appears  above) 
it  grants  to  them  all  the  rights  and  liberties  of  free  and  natural 
subjects  5  of  which,  one  of  the  most  essential  is,  a  freedom  from  all 
taxes  not  consented  to  by  themselves.  Nor  could  the  parties,  either 
grantor  or  grantees,  intend  such  laws.  The  royal  grantor  could 
not,  because  his  grant  contradicts  such  intention,  and  because  it 
is  inconsistent  with  every  idea  of  royalty  and  royal  wisdom,  to 
grant  what  it  does  not  intend  to  grant.  And  it  will  be  readily  al 
lowed,  that  the  grantees  could  not  intend  such  laws  ;  not  only  on 
account  of  their  inconsistency  with  the  grant,  but  because  their 
acceptance  of  a  charter,  subjecting  them  to  such  laws,  would  be 
voluntary  slavery. 

Your  Excellency  next  observes,  "  that  it  cannot  be  contended, 
that,  by  the  liberties  of  free  and  natural  subjects,  is  to  be  under 
stood  an  exemption  from  acts  of  Parliament,  because  not  repre 
sented  there,  seeing  it  is  provided  by  the  charter,  that  such  acts 
shall  be  in  force."  If  the  observations  we  have  made  above,  and 
our  reasoning  on  them  be  just,  it  will  appear,  that  no  such  provis 
ion  is  made  in  the  charter ;  and,  therefore,  that  the  deductions 
and  inferences  derived  fnyn  the  supposition  of  such  provision, 
are  not  well  founded.  CAjld  with  respect  to  representation  in 
Parliament,  as  it  is  one  oithe  essential  liberties  of  free  and  nat 
ural  subjects,  and  properly  makes  those  who  enjoy  it,  liable  to  par 
liamentary  acts,  so  in  reference  to  the  inhabitants  of  this  province, 
who  are  entitled  to  all  the  liberties  of  such  subjects,  the  impossi 
bility  of  their  being  duly  represented  in  Parliament,  does  clearly 
exempt  them  from  all  such  acts,  at  least,  as  have  been  or  shall  be 
made  by  Parliament,  to  tax  them  ;  representation  and  taxation  be 
ing,  in  our  opinion,  constitutionally  inseparable^ 

This  grant  of  liberties  and  immunities,  youiTSxcellency  informs 
us,  "  is  nothing  more  than  a  declaration  and  assurance  on  the 
part  of  the  Crown,  that  the  place  to  which  our  predecessors  were 
about  to  remove,  was,  and  would  be  considered,  as  part  of  the  do 
minions  of  the  Crown  ;  and,  therefore,  that  the  subjects,  so  re 
moving,  would  not  become  aliens,  but  would,  both  without  and 
within  the  colony,  retain  the  liberties  and  immunities  of  free  and 
natural  subjects." 

The  dominion  of  the  Crown  over  this  country,  before  the  arri 
val  of  our  predecessors,  was  merely  ideal.  Their  removal  hither, 
realized  that  dominion,  and  has  made  the  country  valuable  both  to 
the  Crown  and  nation,  without  any  cost  to  either  of  them,  from 
that  time  to  this.  Even  in  the  most  distressed  state  of  our  prede 
cessors,  when  they  expected  to  be  destroyed  by  a  general  conspi 
racy  and  incursion  of  the  Indian  natives,  they  had  no  assistance 
from  them.  This  grant  then  of  liberties,  which  is  the  only  consid- 


MASSACHUSETTS  STATE  PAPERS.  349 

eration  they  received  from  the  Crown,  for  so  valuable  an  acquisi 
tion  to  it,  instead  of  being  violated  by  military  power,  or  explain 
ed  away  by  nice  inferences  and  distinctions,  ought  in  justice,  and 
with  a  generous  openness  and  freedom,  to  be  acknowledged  by  ev 
ery  Minister  of  the  Crown,  and  preserved  sacred  from  every  spe 
cies  of  violation. 

"  If  the  plantations  be  part  of  the  dominions  of  the  Crown,  this 
clause  in  the  charter,  granting  liberties  and  immunities,  does  not," 
your  Excellency  observes,  "  confer  or  reserve  any  liberties,  but 
what  would  have  been  enjoyed  without  it ;  and  what  the  inhabit 
ants  of  every  other  colony  do  enjoy,  where  they  are  without  a 
charter."  Although  the  colonies,  considered  as  part  of  the  domin 
ions  of  the  Crown,  are  entitled  to  equal  liberties,  the  inhabitants 
of  this  colony,  think  it  a  happiness,  that  those  liberties  are  con 
firmed  and  secured  to  them  by  a  charter  ;  whereby  the  honor  and 
faith  of  the  Crown  are  pledged,  that  those  liberties  shall  not  be 
violated.  And  for  protection  in  them,  we  humbly  look  up  to  his 
present  Majesty,  our  rightful  and  lawful  Sovereign,  as  children  to 
a  father,  able  and  disposed  to  assist  and  relieve  them  ;  humbly  im 
ploring  his  Majesty,  that  his  subjects  of  this  province,  ever  faithful 
and  loyal,  and  ever  accounted  such,  till  the  stamp  act  existed,  and 
who,  in  the  late  war,  and  upon  all  other  occasions,  have  demon 
strated  that  faithfulness  and  loyalty,  by  their  vigorous  and  un 
exampled  exertions  in  his  service,  may  have  their  grievances 
redressed,  and  be  restored  to  their  just  rights. 

Your  Excellency  next  observes,  "  that  it  is  impossible  the  rights 
of  English  subjects  should  be  the  same  in  every  respect,  in  all  parts 
of  the  dominions,"  and  instances  in  the  right  of  "  being  governed 
by  laws  made  by  persons,  in  whose  election  they  have  a  voice.'* 
When  "  they  remove,  from  the  kingdom  to  the  plantations,  where 
it  cannot  be  enjoyed,"  you  ask,  "  will  it  not  be  said,  by  this  volun 
tary  removal,  they  have  relinquished,  for  a  time  at  least,  one  of 
the  rights  of  an  English  subject,  which  they  might,  if  they  pleased, 
have  continued  to  enjoy,  and  may  again  enjoy,  whenever  they  will 
return  to  the  place  where  it  can  be  exercised  ?" 

When  English  subjects  remove  from  the  kingdom  to  the  planta 
tions,  with  their  property,  they  not  only  relinquish  that  right  de 
facto,  but  it  ought  to  cease  in  the  kingdom  de  jure.  But  it  does 
not  from  thence  follow,  that  they  relinquish  that  right  in  reference 
to  the  plantation  or  colony,  to  which  they  remove.  On  the  con 
trary,  having  become  inhabitants  of  that  colony,  and  qualified 
according  to  the  laws  of  it,  they  can  exercise  that  right,  equally 
with  the  other  inhabitants  of  it.  And  their  right,  on  like  condi 
tions,  will  travel  with  them  through  all  the  colonies,  wherein  a 
Legislature,  similar  to  that  of  the  kingdom,  is  established.  And 
therefore,  in  this  respect,  and,  we  suppose,  in  all  other  essential 
respects,  it  is  not  impossible  the  rights  of  English  subjects  should 
be  the  same  in  all  parts  of  the  dominions,  under  a  like  form  oi 
Legislature. 


350  MASSACHUSETTS  STATE  PAPERS. 

This  right  of  representation,  is  so  essential  and  indisputable,  in 
regard  of  all  laws  for  levying  taxes,  that  a  people  under  any  form 
of  government,  destitute  of  it,  is  destitute  of  freedom:  of  that  de 
gree  of  freedom,  for  the  preservation  of  which,  government  was 
instituted  ;  and  without  which,  government  degenerates  into  des 
potism.  It  cannot,  therefore,  be  given  up,  or  taken  away,  without 
making  a  breach  in  the  essential  rights  of  nature. 

But  your  Excellency  is  pleased  to  say,  "  that  they  who  claim 
exemption  as  part  of  their  rights  by  nature,  should  consider  that 
every  restraint  which  men  are  laid  under  by  a  state  of  govern 
ment,  is  a  privation  of  part  of  their  natural  rights.  Even  in  case 
of  representation  by  election,  do  they  not  give  up  part  of  their 
natural  rights,  when  they  consent  to  be  represented  by  such  per 
sons  as  shall  be  chosen  by  the  majority  of  the  electors,  although 
their  own  voices  may  be  for  some  other  person.  And  is  it 
not  contrary  to  their  natural  rights,  to  be  obliged  to  submit  to  a 
representation  for  seven  years,  or  even  one  year,  after  they  are  dis 
satisfied  with  his  conduct,  although  they  gave  their  voices  for  him, 
when  he  was  elected  ?  This  must,  therefore,  be  considered  as  an 
objection  against  a  state  of  government,  rather  than  against  any  par- 
ticjjlar  form." 

LYour  Excellency's  premises  are  true,  but  we  do  not  think  your 
conclusion  follows  from  them.  It  is  true,  that  every  restraint  of 
government  is  a  privation  of  natural  right ;  and  the  two  cases  you 
have  been  pleased  to  mention,  may  be  instances  of  that  privation. 
But,  as  they  arise  from  the  nature  of  society  and  government ;  and 
as  government  is  necessary  to  secure  other  natural  rights,  infinitely 
more  valuable,  they  cannot,  therefore,  be  considered  as  an  objec 
tion,  either  against  a  state  government,  or  against  any  particular 
form  of  it.  , 

Life,  liberty,  property,  and  the  disposal  of  that  property,  with 
our  own  consent,  are  natural  rights.  Will  any  one  put  the  other  in 
competition  with  these ;  or  infer,  that,  because  those  others  must  be 
given  up  in  a  state  of  government,  these  must  be  given  up  also  ? 
The  preservation  of  these  rights,  is  the  great  end  of  government. 
But  is  it  probable,  they  will  be  effectually  secured  by  a  government, 
which  the  proprietors  of  them,  have  no  part  in  the  direction  of,  and 
over  which,  they  have  no  power  or  influence,  whatever  ?  Hence,  is 
deducible  representation,  which  being  necessary  to  preserve  these 
invaluable  rights  of  nature,  is  itself,  for  that  reason,  a  natural  right, 
coinciding  with,  and  running  into  that  great  law  of  nature,  self  pre 
servation. 

Thus  have  we  considered  the  most  material  parts  of  your  Excel 
lency's  speech,  and,  agreeable  to  your  desire,  disclosed  to  you  our 
sentiments  on  the  subject  of  it.  "  Independence,"  as  you  have 
rightly  judged,  "  we  have  not  in  contemplation."  We  cannot,  how- 

j  ever,  adopt  your  principles  of  government,  or  acquiesce  in  all  tb? 

I  inferences  you  have  drawn  from  them. 


MASSACHUSETTS    STATE    PAPERS.  351 

We  have  the  highest  respect  for  that  august  body,  the  Parlia 
ment,  and  do  not  presume  to  prescribe  the  exact  limits  of  its 
authority  ;  yet,  with  the  deference  which  is  due  to  it,  we  are 
humbly  of  opinion,  that,  as  all  human  authority  is,  in  the  nature  of 
it,  and  ought  to  be,  limited,  it  cannot,  constitutionally,  extend,  for 
the  reasons  we  have  suggested,  to  the  levying  of  taxes,  in  any  form, 
on  his  Majesty's  subjects  in  this  province. 

In  such  principles  as  these,  our  predecessors  were  easy  and 
happy,  and  in  the  due  operation  of  such,  their  descendants,  the 
present  inhabitants  of  this  province,  have  been  easy  and  happy  :  but 
they  are  not  so  now.  Their  uneasiness  and  unhappiness  are  occa 
sioned  by  acts  of  Parliament,  and  regulations  of  government,  which 
lately,  and  within  a  few  years  past,  have  been  made.  And  this  un 
easiness  and  unhappiness,  both  in  the  cause  and  effects  of  them, 
though  your  Excellency  seems,  and  can  only  seem,  to  be  of  a  diifer- 
ent  opinion,  have  extended,  and  continue  to  extend,  to  all  the  colo 
nies,  throughout  the  continent. 

It  would  give  us  the  highest  satisfaction,  to  see  happiness  and 
tranquillity  restored  to  the  colonies,  and,  especially  to  see,  between 
Great  Britain  and  them,  an  union  established  on  such  an  equitable 
basis,  as  neither  of  them  shall  ever  wish  to  destroy.  We  humbly 
supplicate  the  sovereign  arbiter  and  superintendant  of  human  affairs, 
for  these  happy  events. 

[Hon.  J.  Bowdoin,  H.  Gray,  J.  Otis,  and  S.  Hall3  were  the 
Committee  of  Council,  who  prepared  the  above.] 


ANSWER 

QF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  SPEECH  OF  THE 
GOVERNOR,  OF  SIXTH  JANUARY JANUARY  26,  1773. 

May  it  please  your  Excellency, 

YOUR  Excellency's  speech  to  the  General  Assembly,  at  the 
opening  of  this  session,  has  been  read  with  great  attention  in  this 
House. 

We  fully  agree  with  your  Excellency,  that  our  own  happiness, 
as  well  as  his  Majesty's  service,  very  much  depends  upon  peace 
and  order ;  and  we  shall  at  all  times  take  such  measures  as  are 
consistent  with  our  constitution^  and  the  rights  of  the  people,  to 
promote  and  maintain  them.  QJhat  the  government  at  present  is 
in  a  very  disturbed  state,  is  apparent.  But  we  cannot  ascribe  it 
to  the  people's  having  adopted  unconstitutional  principles,  which 
seems  to  be  the  cause  assigned  for  it  by  your  Excellency.  It  ap- 


MASSACHUSETTS  STATE  PAPERS. 

pears  to  us,  to  have  been  occasioned  rather  by  the  British  House 
of  Commons  assuming  and  exercising  a  power  inconsistent  with 
the  freedom  of  the  constitution,  to  give  and  grant  the  propMy  oi 
the  colonists,  and  appropriate  the  same  without  their  consentj 

It  is  needless  for  us  to  inquire  what  were  the  principles  that  in 
duced  the  councils  of  the  nation  to  so  new  and  unprecedented  a 
measure.  But,  when  the  Parliament,  by  an  act  of  their  own,  ex 
pressly  declared,  that  the  King,  Lords,  and  Commons,  of  the  na 
tion  "  have,  and  of  right  ought  to  have  full  power  and  authority 
to  make  laws  and  statutes  of  sufficient  force  and  validity,,  to  bind 
the  colonies  and  people  of  America,  subjects  of  the  Crown  of  Great 
Britain,  in  all  cases  whatever,"  and  in  consequence  hereof,  ano 
ther  revenue  act  was  made,  the  minds  of  the  people  were  filled 
with  anxiety,  and  they  were  justly  alarmed  with  apprehensions  of 
the  total  extinction  of  their  liberties. 

rffiie  result  of  the  free  inquiries  of  many  persons,  into  the  right 
or  {Re  Parliament,  to  exercise  such  a  power  over  the  colonies, 
seems,  in  your  Excellency's  opinion.,  to  be  the  cause,  of  what  you 
are  pleased  to  call  the  present  "  disturbed  state  of  the  govern 
ment  ;"  upon  which,  you  "  may  not  any  longer,  consistent  with 
your  duty  to  the  King,  and  your  regard  to  the  interest  of  the  pro 
vince,  delay  communicating  your  sentiments."  But  that  the  prin 
ciples  adopted  in  consequence  hereof,  are  unconstitutional,  is  a 
subject  of  inquiry.  We  know  of  no  sucl^cjisorders  arising  there 
from,  as  are  mentioned  by  your  ExcellencyJ  If  Grand  Jurors  have 
not,  on  their  oaths,  found  such  offences,  as  your  Excellency,  with 
the  advice  of  his  Majesty's  Council,  have  ordered  to  be  prosecut 
ed,  it  is  to  be  presumed,  they  have  followed  the  dictates  of  good 
conscience.  They  are  the  constitutional  judges  of  these  matters, 
and  it  is  not  to  be  supposed,  that  moved  from  corrupt  principles, 
they  have  suffered  offenders  to  escape  a  prosecution,  and  thus 
supported  and  encouraged  them  to  go  on  offending.  If  any  part  of 
authority  shall,  in  an  unconstitutional  manner,  interpose  in  any 
matter,  it  will  be  no  wonder  if  it  be  brought  into  contempt;  to 
the  lessening  or  confounding  of  that  subordination,  which  is  neces 
sary  to  a  well  regulated  state.  Your  Excellency's  representation 
that  the  bands  of  government  are  weakened,  we  humbly  conceive 
to  be  without  good  grounds;  though  we  must  own,  the  heavy  bur 
dens  unconstitutionally  brought  upon  the  people,  have  been,  and 
still  are  universally,  and  very  justly  complained  of,  as  a  griev 
ance. 

You  are  pleased  to  say,  that,  "  when  our  predecessors  first  took 
possession  of  this  plantation,  or  colony,  under  a  grant  and  charter 
from  the  Crown  of  England,  it  was  their  sense,  and  it  was  the 
Sense  of  the  kingdom,  that  they  were  to  remain  subject  to  the  su 
preme  authority  of  Parliament ;"  whereby  we  understand  your 
Excellency  to  mean,  in  the  sense  of  the  declaratory  act  of  Parlia 
ment  afore  mentioned,  in  all  cases  whatever.  And,  indeed,  it  is 


MASSACHUSETTS    STATE    PAPERS.  353 

difficult,  if  possible,  to  draw  a  line  of  distinction  between  the  uni 
versal  authority  of  Parliament  over  the  colonies,  and  no  authority 
at  all.  It  is,  therefore,  necessary  for  us  to  inquire  how  it  appears, 
for  your  Excellency  has  not  shown  it  to  us,  that  when,  or  at  the 
time  that  our  predecessors  took  possession  of  this  plantation,  or 
colony,  under  a  grant  and  charter  from  the  Crown  of  England,  it 
was  their  sense,  and  the  sense  of  the  kingdom,  that  they  were  to 
remain  subject  to  the  authority  of  Parliament.  In  making  this 
inquiry,  we  shall,  according  to  your  Excellency's  recommenda 
tion,  treat  the  subject  with  calmness  and  candor,  and  also  with  a 
due  regard  to  truth. 

Previous  to  a  direct  consideration  of  the  charter  granted  to  the 
province  or  colony,  and  the  better  to  elucidate  the  true  sense  and 
meaning  of  it,  we  would  take  a  view  of  the  state  of  the  English 
North  American  continent  at  the  time,  when,  and  after  possession 
was  first  taken  of  any  part  of  it,  by  the  Europeans.  It  was  then 
possessed  by  heathen  and  barbarous  people,  who  had,  nevertheless, 
all  that  right  to  the  soil,  and  sovereignty  in  and  over  the  lands  they 
possessed,  which  God  had  originally  given  to  man.  Whether 
their  being  heathen,  inferred  any  right  or  authority  to  Christian, 
princes,  a  right  which  had  long  been  assumed  by  the  Pope,  to  dis 
pose  of  their  lands  to  others,  we  will  leave  to  your  Excellency,  or 
any  one  of  understanding  and  impartial  judgment,  to  consider.  It 
is  certain,  they  had  in  no  other  sense,  forfeited  them  to  any  power 
in  Europe.  Should  the  doctrine  be  admitted,  that  the  discovery 
of  lands  owned  and  possessed  by  pagan  people,  gives  to  any  Chris 
tian  prince  a  right  and  title  to  the  dominion  and  property,  still  it 
is  vested  in  the  Crown  alone.  It  was  an  acquisition  of  foreign 
territory,  not  annexed  to  the  realm  of  England,  and,  therefore,  at 
the  absolute  disposal  of  the  Crown.  For  we  take  it  to  be  a  settled 
point,  that  the  King  has  a  constitutional  prerogative,  to  dispose  of 
and  alienate,  any  part  of  Ins  territories  not  annexed  to  the  realm. 
In  the  exercise  of  this  prerogative,  Queen  Elizabeth  granted  the 
first  American  charter  ;  and,  claiming  a  right  by  virtue  of  discove 
ry,  then  supposed  to  be  valid,  to  the  lands  which  are  now  possess 
ed  by  the  colony  of  Virginia,  she  conveyed  to  Sir  Walter  Raw- 
leigh,  the  property,  dominion,  and  sovereignty  thereof,  to  be  held 
ot  the  Crown,  by  homage,  and  a  certain  render,  without  any  reser 
vation  .to  herself,  of  any  share  in  the  Legislative  and  Executive  au 
thority.  After  the  attainder  of  Sir  Walter,  King  James  the  I. 
created  two  Virginian  companies,  to  be  governed  each  by  laws, 
transmitted  to  them  by  his  Majesty,  and  not  by  the  Parliament, 
with  power  to  establish,  and  cause  to  be  made,  a  coin  to  pass  cur 
rent  among  them  ;  and  vested  with  all  liberties,  franchises  and  im 
munities,  within  any  of  his  other  dominions,  to  all  intents  and  pur 
poses,  as  if  they  had  been  abiding  and  born  within  the  realm.  A 
declaration  similar  to  this,  is  contained  in  the  first  charter  of  this 
colony,  and  in  those  of  other  American  colonies,  which  shows  that 
45 


354  MASSACHUSETTS  STATE  PAPERS. 

the  colonies  were  not  intended,  or  considered  to  be  within  the 
realm  of  England,  though  within  the  allegiance  of  the  English 
Crown.  After  this,  another  charter  was  granted  by  the  same  King 
James,  to  the  Treasurer  and  Company  of  Virginia,  vesting  them 
with  full  power  and  authority,  to  make,  ordain,  and  establish,  all 
manner  of  orders,  laws,  directions,  instructions,  forms  and  cere 
monies  of  governments,  and  magistracy,  fit  and  necessary,  and  the 
same  to  abrogate,  &c.  without  any  reservation  for  securing  their 
subjection  to  the  Parliament,  and  future  laws  of  England.  A 
third  charter  was  afterwards  granted  by  the  same  King,  to  the 
Treasurer  and  Company  of  Virginia,  vesting  them  with  power  and 
authority  to  make  laws,  with  an  addition  of  this  clause,  "  so,  al 
ways,  that  the  same  be  not  contrary  to  the  laws  and  statutes  of 
this  our  realm  of  England."  The  same  clause  was  afterwards 
copied  into  the  charter  of  this  and  other  colonies,  with  certain  va 
riations,  such  as,  that  these  laws  should  be  "  consonant  to  reason," 
"  not  repugnant  to  the  laws  of  England,"  "  as  nearly  as  conve 
niently  may  be  to  the  laws,  statutes  and  rights  of  England,"  &c. 
These  modes  of  expression,  convey  the  same  meaning,  and  serve 
to  show  an  intention,  that  the  laws  of  the  colonies  should  be  as 
much  as  possible,  conformable  in  the  spirit  of  them,  to  the  princi 
ples  and  fundamental  laws  of  the  English  constitution,  its  rights 
and  statutes  then  in  being,  and  by  no  means  to  bind  the  colonies  to 
a  subjection  to  the  supreme  authority  of  the  English  Parliament. 
And  that  this  is  the  true  intention,  we  think  it  further  evident  from 
this  consideration,  that  no  acts  of  any  colony  Legislative,  are  ever 
brought  into  Parliament  for  inspection  there,  though  the  laws  made 
in  some  of  them,  like  the  acts  of  the  British  Parliament,  are  laid 
before  the  King  for  his  dissent  or  allowance. 

We  have  brought  the  first  American  charters  into  view,  and  the 
state  of  the  country  when  they  were  granted,  to  show,  that  the 
right  of  disposing  of  the  lands  was,  in  the  opinion  of  those  times. 
vested  solely  in  the  Crown ;  that  the  several  charters  conveyed  to 
the  grantees,  who  should  settle  upon  the  territories  therein  grant 
ed,  all  the  powers  necessary  to  constitute  them  free  and  distinct 
states  ;  and  that  the  fundamental  laws  of  the  English  constitution 
should  be  the  certain  and  established  rule  of  legislation,  to  which, 
the  laws  to  be  made  in  the  several  colonies,  were  to  be,  as  nearly 
as  conveniently  might  be,  conformable,  or  similar,  which  was  the 
true  intent  and  import  of  the  words,  "  not  repugnant  to  the  laws 
of  England,"  "  consonant  to  reason,"  and  other  variant  expres 
sions  in  the  different  charters.  ^And  we  would  add,  that  the  King, 
in  some  of  the  charters,  reserves^the  right  to  judge  of  the  conso 
nance  and  similarity  of  their  laws  with  the  English  constitution,  to 
himself,  and  not  to  the  Parliament ;  and,  in  coosequence  thereof, 
to  aifirm,  or  within  a  limited  time,  disallow  them. 

These  charters,  as  well  as  that  afterwards  granted  to  Lord  Bal 
timore,  and  other  charters,  are  repugnant  to  the  idea  of  Parlia- 
i_mentary  authority ;  and,  to  suppose  a  Parliamentary  authority 


MASSACHUSETTS   STATE   TAPERS.  355 

over  the  colonies,  under  s«ch  charters,  would  necessarily  induce 
that  solecism  in  politics,  imperium  in  imperio.  And  the  King's 
repeatedly  exercising  the  prerogative  of  disposing  of  the  Ameri 
can  territory  by  such  charters,  together  with  thp  silence  of  the 
nation  thereupon,  is  an  evidence  that  it  was  an  acknowledged 
rogative. 

But,  further  to  show  the  sense  of  the  English  Crown  and  nation, 
that  the  American  colonists,  and  our  predecessors  in  particular, 
when  they  first  took  possession  of  this  country,  by  a  grant  and 
charter  from  the  Crown,  did  not  remain  subject  to  the  supreme 
authority  of  Parliament,  we  beg  leave  to  observe,  that  when  a  bill 
was  offered  by  the  two  Houses  of  Parliament  to  King  Charles  the 
I.  granting  to  the  subjects  of  England,  the  free  liberty  of  fishing 
on  the  coast  of  America,  he  refused  his  royal  assent,  declaring  as 
a  reason,  that  "  the  colonies  were  without  the  realm  and  jurisdic 
tion  of  Parliament."  7 

In  like  manner,  his  predecessor,  James  the  I.  had  before  de*  \ 
elared,  upon  a  similar  occasion,  that  "  America  was  not  annexed 
to  the  realm,  and  it  was  not  fitting  that  Parliament  should  make 
laws  for  those  countries."  This  reason  was,  not  secretly,  but 
openly  declared  in  Parliament.  If,  then,  the  colonies  were  not  an 
nexed  to  the  realm,  at  the  time  when  their  charters  were  granted, 
they  never  could  be  afterwards,  without  their  own  special  con 
sent,  which  has  never  since  been  had,  or  even  asked.  If  they  are 
not  now  annexed  to  the  realm,  they  are  not  a  part  of  the  kingdom, 
and  consequently  not  subject  to  the  Legislative  authority  of  the 
kingdom.  For  no  country,  by  the  common  law,  was  subject  to  the  • 
laws  or  to  the  Parliament,  but  the  realm  of  England.  — i 

We  would,  if  your  Excellency  pleases,  subjoin  an  instance  of 
conduct  in  King  Charles  the  II.  singular  indeed,  but  impor 
tant  to  our  purpose,  who,  in  1679,  framed  an  act  for  a  permanent 
revenue  for  the  support  of  Virginia,  and  sent  it  there  by  Lord  Cul- 
pepper,  the  Governor  of  that  colony,  which  was  afterwards  passed 
into  a  law,  and  "  enacted  by  the  King's  most  excellent  Majesty, 
by,  and  with  the  consent  of  the  General  Assembly  of  Virginia."  If 
the  King  had  judged  that  colony  to  be  a  part  of  the  realm,  he  would 
not,  nor  could  he,  consistently  with  Magna  Charta,  have  placed 
himself  at  the  head  of,  and  joined  with  any  Legislative  body  in 
making  a  law  to  tax  the  people  there,  other  than  the  Lords  and 
Commons  of  England. 

Having  taken  a  view  of  the  several  charters  of  the  first  colony 
in  America,  if  we  look  into  the  old  charter  of  this  colony,  we 
shall  find  it  to  be  grounded  on  the  same  principle  ;  that  the  right 
of  disposing  the  territory  granted  therein,  was  vested  in  the  Crown, 
as  being  that  Christian  Sovereign  who  first  discovered  it,  when  in 
the  possession  of  heathens ;  and  that  it  was  considered  as  being  not 
within  the  realm,  but  being  only  within  the  Fee  and  Seignory  of 
the  King.  As,  therefore,  it  was  without  the  realm  of  England,  must 


356  MASSACHUSETTS    STATE    PAPERS. 

not  the  King,  if  he  had  designed  that  the  Parliament  should  have 
had  any  authority  over  it,  have  made  a  special  reservation  for  that 
purpose,  which  was  not  done  ? 

Your  Excellency  says,  "  it  appears  from  the  charter  itself,  to 
have  been  the  sense  oif  our  predecessors,  who  first  took  possession 
of  this  plantation,  or  colony,  that  they  were  to  remain  subject  to 
the  authority  of  Parliament."  You  have  not  been  pleased  to  point 
out  to  us,  how  this  appears  from  the  charter,  unless  it  be  in  the 
observation  you  make  on  the  above  mentioned  clause,  viz. :  "that 
a  favorable  construction  has  been  put  upon  this  clause,  when  it 
has  been  allowed  to  intend  such  laws  of  England  only,  as  are  ex 
pressly  made  to  respect  us,"  which  you  say,  "  is  by  charter,  a  re 
serve  of  power  and  authority  to  Parliament,  to  bind  us  by  such 
laws,  at  least,  as  are  made  expressly  to  refer  to  us,  and  conse 
quently  is  a  limitation  of  the  power  given  to  the  General  Court." 
But,  we  would  still  recur  to  the  charter  itself,  and  ask  your  Excel 
lency,  how  this  appears,  from  thence,  to  have  been  the  sense  of  our 
predecessors  ?  Is  any  reservation  of  power  and  authority  to  Par 
liament  thus  to  bind  us,  expressed  or  implied  in  the  charter  ?  It  is 
evident,  that  King  Charles  the  I.  the  very  Prince  who  granted  it, 
as  well  as  his  predecessor,  had  no  such  idea  of  the  supreme  au 
thority  of  Parliament  over  the  colony,  from  their  declarations  be 
fore  recited.  Your  Excellency  will  then  allow  us,  further  to  ask, 
by  what  authority,  in  reason  or  equity,  the  Parliament  can  enforce 
a  construction  so  unfavorable  to  us.  Quod  ab  initio  injustum  est, 
nullum  potest  habere  juris  effectum,  said  Grotius.  Which,  with 
submission  to  your  Excellency,  may  be  rendered  thus  :  whatever 
is  originally  in  its  nature  wrong,  can  never  be  sanctified,  or  made 
right  by  repetition  and  use. 

In  solemn  agreements,  subsequent  restrictions  ought  never  to  be 
allowed.  The  celebrated  author,  whom  your  Excellency  has  quo 
ted,  tells  us,  that,  "  neither  the  one  or  the  other  of  the  interested, 
or  contracting  powers,  hath  a  right  to  interpret  at  pleasure.''  This 
we  mention,  to  show,  even  upon  a  supposition,  that  the  Parliament 
had  been  a  party  to  the  contract,  the  invalidity  of  any  of  its  sub 
sequent  acts,  to  explain  any  clause  in  the  charter  ;  more  especially 
to  restrict  or  make  void  any  clause  granted  therein  to  the  General 
Court.  An  agreement  ought  to  be  interpreted  "  in  such  a  man 
lier  as  that  it  may  have  its  effect."  But,  if  your  Excellency's 
interpretation  of  this  clause  is  just,  "  that  it  is  a  reserve  of  power 
and  authority  to  Parliament  to  bind  us  by  such  laws  as  are  made 
expressly  to  refer  to  us,"  it  is  not  only  "  a  limitation  of  the  power 
given  to  the  General  Court"  to  legislate,  but  it  may,  whenever  the 
Parliament  shall  think  fit,  render  it  of  no  effect ;  for  it  puts  it  in 
the  power  of  Parliament,  to  bind  us  by  as  many  laws  as  they  please, 
and  even  to  restrain  us  from  making  any  laws  at  all.  If  your  Ex 
cellency's  assertions  in  this,  and  the  next  succeeding  part  of  your 
speech,  were  well  grounded,  the  conclusion  would  be  undeniable, 


MASSACHUSETTS    STATE    PAPERS.  357 

that  the  charter,  even  in  this  clause,  "  does  not  confer  or  reserve 
any  liberties,"  worth  enjoying,  "  but  what  would  have  been  en 
joyed  without  it ;"  saving  that,  within  any  of  his  Majesty's  domin 
ions,  we  are  to  be  considered  barely  as  not  aliens.  You  are  pleas 
ed  to  say,  it  cannot  "  be  contended,  that  by  the  liberties  of  free 
and  natural  subjects,"  (which  are  expressly  granted  in  the  char 
ter,  to  all  intents,  purposes  arid  constructions,  whatever)  "  is  to 
be  understood,  an  exemption  from  acts  of  Parliament,  because  not 
represented  there  ;  seeing  it  is* provided  by  the  same  charter,  that 
such  acts  shall  be  in  force."  If,  says  an  eminent  lawyer,  "  the 
King  grants  to  the  town  of  D.  the  same  liberties  which  London  has, 
this  shall  be  intended  the  like  liberties."  A  grant  of  the  liberties 
of  free  and  natural  subjects,  is  equivalent  to  a  grant  of  the  same 
liberties.  And  the  King,  in  the  first  charter  to  this  colony,  ex 
pressly  grants,  that  it  "  shall  be  construed,  reputed  and  adjudged 
in  all  cases,  most  favorably  on  the  behalf  and  for  the  benefit  and 
behoof  of  the  said  Governor  and  Company,  and  their  successors — 
any  matter,  cause  or  thing,  whatsoever,  to  the  contrary  notwith 
standing."  (Itis  one  of  the  liberties  of  free  and  natural  subjects, 
born  and  abiding  within  the  realm,  to  be  governed,  as  your  Excel 
lency  observes, "  by  laws  made  by  persons,  in  whose  elections  they, 
from  time  to  time,  have  a  voice."  This  is  an  essential  right.  For 
nothing  is  more  evident,  than,  that  any  people,  who  are  subject  to 
the  unlimited  power  of  another,  must  be  in  a  state  of  abject  slave 
ry./  It  was  easily  and  plainly  foreseen,  that  the  right  of  represent 
ation  in  the  English  Parliament,  could  not  be  exercised  by  the  peo 
ple  of  this  colony.  It  would  be  impracticable >  if  consistent  with 
the  English  constitutionTJ  And  foTtrns  reason,  that  this  colony 
might  have  and  enjoy  all  the  liberties  and  immunities  of  free  and 
natural  subjects  within  the  realm,  as  stipulated  in  the  charter,  it 
was  necessary,  and  a  Legislative  was  accordingly  constituted  with 
in  the  colony ;  one  branch  of  which,  consists  of  Representatives 
chosen  by  the  people,  to  make  all  laws,  statutes,  ordinances,  &c. 
for  the  well  ordering  and  governing  the  same,  not  repugnant  to 
the  laws  of  England,  or,  as  nearly  as  conveniently  might  be.  agree 
able  to  the  fundamental  laws  of  the  English  constitution.  We  are, 
therefore,  still  at  a  loss  to  conceive,  where  your  Excellency  finds 
it  "  provided  in  the  same  charter,  that  such  acts,"  viz.  acts  of 
Parliament,  made  expressly  to  refer  to  us,  "  shall  be  in  force"  in 
this  province.  There  is  nothing  to  this  purpose,  expressed  in  the 
charter,  or  in  our  opinion,  even  implied  in  it.  And  surely  it  would 
be  ver^  absurd,  that  a  charter,  which  is  evidently  formed  upon  a 
supposition  and  intention,  that  a  colony  is  and  should  be  consider 
ed  as  not  within  the  realm ;  and  declared  by  the  very  Prince  who 
granted  it,  to  be  not  within  the  jurisdiction  of  Parliament,  should 
yet  provide,  that  the  laws  which  the  same  Parliament  should  make, 
expressly  to  refer  to  that  colony,  should  be  in  force  therein.  Your 
Excellency  is  pleased  to  ask,  <;  does  it  follow,  that  the  govern- 


358  MASSACHUSETTS  STATE  PAPERS. 

ment,  by  their  (our  ancestors)  removal  from  one  part  of  the  domin 
ions  to  another,  loses  its  authority  over  that  part  to  which  they  re 
move  5  and  that  they  are  freed  from  the  subjection  they  were  un 
der  before  B"  We  answer,  if  that  part  of  the  King's  dominions,  to 
which  they  removed,  was  not  then  a  part  of  the  realm,  and  was 
never  annexed  to  it,  the  Parliament  lost  no  authority  over  it,  hav 
ing  never  had  such  authority ;  and  the  emigrations  were  conse 
quently  freed  from  the  subjection  they  were  under  before  their  re 
moval.  The  power  and  authority  of  Parliament,  being  constitu 
tionally  confined  within  the  limits  of  the  realm,  and  the  nation  col 
lectively,  of  which  alone  it  is  the  representing  and  Legislative  As 
sembly.  Your  Excellency  further  asks,  "  will  it  not  rather  be 
said,  that  by  this,  their  voluntary  removal,  they  have  relinquished, 
for  a  time,  at  least,  one  of  the  rights  of  an  English  subject,  which 
they  might,  if  they  pleased,  have  continued  to  enjoy,  and  may  again 
enjoy,  whenever  they  return  to  the  place  where  it  can  be  exercis 
ed  ?"  To  which  we  answer ;  they  never  did  relinquish  the  right 
to  be  governed  by  laws,  made  by  persons  in  whose  election  they 
had  a  voice.  The  King  stipulated  with  them,  that  they  should 
have  and  enjoy  all  the  liberties  of  free  and  natural  subjects,  born 
•within  the  realm,  to  all  intents,  purposes  and  constructions,  what 
soever  5  that  is,  that  they  should  be  as  free  as  those,  who  were  to 
abide  within  the  realm  :  consequently,  he  stipulated  with  them, 
that  they  should  enjoy  and  exercise  this  most  essential  right,  which 
discriminates  freemen  from  vassals,  uninterruptedly,  in  its  full 
sense  and  meaning ;  and  they  did,  and  ought  still  to  exercise  it, 
without  the  necessity  of  returning,  for  the  sake  of  exercising  it,  to 
the  nation  or  state  of  England. 

We  cannot  help  observing,  that  your  Excellency's  manner  of 
reasoning  on  this  point,  seems  to  us,  to  render  the  most  valuable 
clauses  in  our  charter  unintelligible  :  as  if  persons  going  from  the 
realm  of  England,  to  inhabit  in  America,  should  hold  and  exercise 
there  a  certain  right  of  English  subjects  ;  but,  in  order  to  exercise 
it  in  such  manner  as  to  be  of  any  benefit  to  them,  they  must  not  in 
habit  there,  but  return  to  the  place  where  alone  it  can  be  exercised. 
By  such  construction,  the  words  of  the  charter  can  have  no  sense 
or  meaning.  We  forbear  remarking  upon  the  absurdity  of  a  grant 
to  persons  born  without  the  realm,  of  the  same  liberties  which  would 
have  belonged  to  them,  if  they  had  been  born  within  the  realm. 

Your  Excellency  is  disposed  to  compare  this  government  to  the 
variety  of  corporations,  formed  within  the  kingdom,  with  power 
to  make  and  execute  by-laws,  &c. ;  and,  because  they  remain 
subject  to  the  supreme  authority  of  Parliament,  to  infer,  that  this 
colony  is  also  subject  to  the  same  authority  :  this  reasoning  ap 
pears  to  us  not  just.  The  members  of  those  corporations  are  res 
ident  within  the  kingdom  ;  and  residence  subjects  them  to  the  au 
thority  of  Parliament,  in  which  they  are  also  represented  ;  where 
as  the  people  of  this  colony  are  not  resident  within  the  realm. 


MASSACHUSETTS    STATE    PAPERS.  359 

The  charter  was  granted,  with  the  express  purpose  to  induce  them 
to  reside  without  the  realm  ;  consequently,  they  are  not  represent 
ed  in  Parliament  there.  But,  we  would  ask  your  Excellency, 
are  any  of  the  corporations,  formed  within  the  kingdom,  vested 
with  the  power  of  erecting  other  subordinate  corporations  ?  of  en 
acting  and  determining  what  crimes  shall  be  capital  ?  and  consti 
tuting  courts  of  common  law,  with  all  their  officers,  for  the  hear 
ing,  trying  and  punishing  capital  offenders  with  death  ?  These  and 
many  other  powers  vested  in  this  government,  plainly  show,  that 
it  is  to  be  considered  as  a  corporation,  in  no  other  light,  than  as 
every  state  is  a  corporation.  Besides,  appeals  from  the  courts  of 
law  here,  are  not  brought  before  the  House  of  Lords ;  which  shows, 
that  the  peers  of  the  realm,  are  not  the  peers  of  America  :  but  all 
such  appeals  are  brought  before  the  King  in  council,  which  is  a  fur 
ther  evidence,  that  we  are  not  within  the  realm. 

We  conceive  enough  has  been  said,  to  convince  your  Excellen 
cy,  that,  "  when  our  predecessors  first  took  possession  of  this  plan 
tation,  or  colony,  by  a  grant  and  charter  from  the  Crown  of  Eng 
land,  it  was  not,  ami  never  had  been  the  sense  of  the  kingdom, 
that  they  were  to  remain  subject  to  the  supreme  authority  of  Par 
liament.  We  will  now,  with  your  Excellency's  leave,  inquire 
what  was  the  sense  of  our  ancestors,  of  this  very  important  mat 
ter. 

And,  as  your  Excellency  has  been  pleased  to  tell  us,  you  have 
not  discovered,  that  the  supreme  authority  of  Parliament  has  been 
called  in  question,  even  by  private  and  particular  persons,  until 
within  seven  or  eight  years  past ;  except  about  the  time  of  the  an 
archy  and  confusion  in  England,  which  preceded  the  restoration  of 
King  Charles  the  II.  we  beg  leave  to  remind  your  Excellency  of 
some  parts  of  your  own  history  of  Massachusetts  Bay.  Therein 
we  are  informed  of  the  sentiments  of  "  persons  of  influence,"  after 
the  restoration ;  from  which,  the  historian  tells  us,  some  parts  ot" 
their  conduct,  that  is,  of  the  General  Assembly,  4<  may  be  pretty 
well  accounted  for."  By  the  history,  it  appears  to  have  been  the 
opinion  of  those  persons  of  influence,  "  that  the  subjects  of  any 
prince  or  state,  had  a  natural  right  to  remove  to  any  other  state,  or 
to  another  quarter  of  the  world,  unless  the  state  was  weakened  or 
exposed  by  such  remove ;  and,  even  in  that  case,  if  they  were  de 
prived  of  the  right  of  all  mankind,  liberty  of  conscience,  it  would 
justify  a  separation,  and  upon  their  removal,  their  subjection  de 
termined  and  ceased."  That  "  the  country  to  which  they  had 
removed,  was  claimed  and  possessed  by  independent  princes, 
whose  right  to  the  lordship  and  sovereignty  thereof  had  been  ac 
knowledged  by  the  Kings  of  England,"  an  instance  of  which  is 
quoted  in  the  margin.  "  That  they  themselves  had  actually  pur 
chased,  for  valuable  consideration,  not  only  the  soil,  but  the  domin 
ion,  the  lordship  and  sovereignty  of  those  princes ;"  without  which 
purchase.  "  in  the  sight  of  God  and  men,  they  had  no  right  or  title 


360  MASSACHUSETTS   STATE    PAPERS. 

to  what  they  possessed."  They  had  received  a  charter  of  incorpo 
ration  from  the  King,  from  whence  arose  a  new  kind  of  subjection, 
namely,  "  a  voluntary,  civil  subjection  ;"  and  by  this  compact, 
"  they  were  to  be  governed  by  laws  made  by  themselves."  Thus 
it  appears  to  have  been  the  sentiments  of  private  persons,  though 
persons  by  whose  sentiments  the  public  conduct  was  influenced, 
that  their  removal  was  ajustifiable  separation  from  the  mother  state, 
upon  which,  their  subjection  to  that  state,  determined  and  ceased. 
The  supreme  authority  of  Parliament,  if  it  had  then  ever  been  as 
serted,  must  surely  have  been  called  in  question,  by  men  who  had 
advanced  such  principles  as  these. 

The  first  act  of  Parliament,  made  expressly  to  refer  to  the  colo 
nies,  was  after  the  restoration.  In  the  reign  of  King  Charles  the 
II.  several  such  acts  passed.  And  the  same  history  informs  us, 
there  was  a  difficulty  in  conforming  to  them  ;  and  the  reason  of 
this  difficulty  is  explained  in  a  letter  of  the  General  Assembly  to 
their  Agent,  quoted  in  the  following  words  ;  "  they  apprehended 
them  to  be  an  invasion  of  the  rights,  liberties  and  properties  of  the 
subjects  of  his  Majesty,  in  the  colony,  they  not  being  represented 
in  Parliament,  and  according  to  the  usual  sayings  of  the  learned  in 
the  law,  the  laws  of  England  were  bounded  within  the  four  seas, 
and  did  not  reach  America :  However,  as  his  Majesty  had  signified 
his  pleasure,  that  those  acts  should  be  observed  in  the  Massachu 
setts,  they  had  made  provision,  by  a  law  of  the  colony,  that  they 
should  be  strictly  attended."  Which  provision,  by  a  law  of  their 
own,  would  have  been  superfluous,  if  they  had  admitted  the  su 
preme  authority  of  Parliament.  In  short,  by  the  same  history  it 
appears,  that  those  acts  of  Parliament,  as  such,  were  disregarded; 
and  the  following  reason  is  given  for  it :  "  It  seems  to  have  been  a 
general  opinion,  that  acts  of  Parliament  had  no  other  force,  than 
what  they  derived  from  acts  made  by  the  General  Court,  to  estab 
lish  and  confirm  them." 

But,  still  further  to  show  the  sense  of  our  ancestors,  respecting 
this  matter,  we  beg  leave  to  recite  some  parts  of  a  narrative,  pre 
sented  to  the  Lords  of  Privy  Council,  by  Edward  Randolph,  in  the 
year  1676,  which  we  find  in  your  Excellency's  collection  of  papers 
lately  published.  Therein  it  is  declared  to  be  the  sense  of  the 
colony,  "  that  no  law  is  in  force  or  esteem  there,  but  such  as  are 
made  by  the  General  Court;  and,  therefore,  it  is  accounted  a 
breach  of  their  privileges,  and  a  betraying  of  the  liberties  of  their 
commonwealth,  to  urge  the  observation  of  the  laws  of  England." 
And,  further,  "  that  no  oath  shall  be  urged,  or  required  to  be  tak 
en  by  any  person,  but  such  oath  as  the  General  Court  hath  consid 
ered,  allowed  and  required."  And,  further,  "  there  is  no  notice 
taken  of  the  act  of  navigation,  plantation  or  any  other  lawrs,  made 
in  England  for  the  regulation  of  trade."  "That  the  government 
would  make  the  world  believe,  they  are  a  free  state,  and  do  act  in 
all  matters  accordingly."  Again,  "  these  magistrates  ever  re- 


MASSACHUSETTS    STATE    PAPERS.  361 

serve  to  themselves,  a  power  to  alter,  evade  and  disannul  any  law 
or  command,  not  agreeing  with  their  humor,  or  the  absolute  au 
thority  of  their  government,  acknowledging  no  superior."  And, 
further,  "  he  (the  Governor)  freely  declared  to  me,  that  the  laws 
made  by  your  Majesty  and  your  Parliament,  obligeth  them  in 
nothing,  but  what  consists  with  the  interests  of  that  colony ;  that 
the  Legislative  power  and  authority  is,  and  abides  in  them  solely." 
And  in  the  same  Mr.  Randolph's  letter  to  the  Bishop  of  London, 
July  14,  1682,  he  says,  "  this  independency  in  government  is  claim 
ed  and  daily  practised."  And  your  Excellency  being  then  sensi 
ble,  that  this  was  the  sense  of  our  ancestors,  in  a  marginal  note, 
in  the  same  collection  of  papers,  observes,  that,  "  this,  viz  the  pro 
vision  made  for  observing  the  acts  of  trade,  is  very  extraordi 
nary,  for  this  provision  was  an  act  of  the  colony,  declaring  the  acts 
of  trade  shall  be  in  force  there."  Although  Mr.  Randolph  was 
very  unfriendly  to  the  colony,  yet,  as  his  declarations  are  concur 
rent  with  those  recited  from  your  Excellency's  history,  we  think 
they  may  be  admitted,  for  the  purpose  for  which  they  are  now 
brought. 

Thus  we  see,  from  your  Excellency's  history  and  publications, 
the  sense  our  ancestors  had  of  the  jurisdiction  of  Parliament,  under 
the  first  charter.  Very  different  from  that,  which  your  Excellency 
in  your  speech,  apprehends  it  to  have  been. 

It  appears  by  Mr.  Neal's  History  of  New  England,  that  the 
agents,  who  had  been  employed  by  the  colony  to  transact  its  affairs 
in  England,  at  the  time  when  the  present  charter  was  granted, 
among  other  reasons,  gave  the  following  for  their  acceptance  of  it, 
viz. "  The  General  Court  has,  with  the  King's  approbation,  as  much 
power  in  New  England,  as  the  King  and  Parliament  have  in  Eng 
land  ;  they  have  all  English  privileges,  and  can  be  touched  by  no 
law,  and  by  no  tax  but  of  their  own  making."  This  is  the  earliest 
testimony  that  can  be  given  of  the  sense  our  predecessors  had  of 
the  supreme  authority  of  Parliament,  under  the  present  charter. 
And  it  plainly  shows,  that  they,  who  having  been  freely  conver 
sant  with  those  who  framed  the  charter,  must  have  well  understood 
the  design  and  meaning  of  it,  supposed  that  the  terms  in  our  char 
ter,  "  full  power  and  authority,"  intended  and  were  considered  as 
a  sole  and  exclusive  power,  and  that  there  was  no  "  reserve  in 
the  charter,  to  the  authority  of  Parliament,  to  bind  the  colony"  by 
any  acts  whatever. 

Soon  after  the  arrival  of  the  charter,  viz.  in  1692,  your  Excel 
lency's  history  informs  us,  "  the  first  act"  of  this  Legisl;  tive.  was 
a  sort  of  Magna  Charta,  asserting  and  setting  forth  their  general 
privileges^  and  this  clause  was  among  the  rest ;  4*  no  aid,  tax,  tal- 
lage,  assessment,  custom,  loan,  benevolence,  or  imposition  what 
ever,  shall  be  laid,  assessed,  imposed,  or  levied  on  any  of  their 
Majesty's  subjects,  or  their  estates,  0"  any  pretence  whatever,  but 
by  the  act  and  consent  of  the  Governor,  Council,  and  Representa- 
46 


362  MASSACHUSETTS  STATE  PAPERS. 

tives  of  the  people  assembled  in  General  Court."  And  though 
this  act  was  disallowed,  it  serves  to  show  the  sense  which  the 
General  Assembly,  contemporary  with  the  granting  the  charter,  had 
of  their  sole  and  exclusive  right  to  legislate  for  the  colony.  The 
history  says,  "  the  other  parts  of  the  act  were  copied  from  Magna 
Charta ;"  by  which,  we  may  conclude  that  the  Assembly  then  con 
strued  the  words,  "  not  repugnant  to  the  laws,"  to  mean,  con 
formable  to  the  fundamental  principles  of  the  English  constitution. 
And  it  is  observable,  that  the  Lords  of  Privy  Council,  so  lately  as 
in  the  reign  of  Queen  Anne,  when  several  laws  enacted  by  the 
General  Assembly  were  laid  before  her  Majesty  for  her  allowance, 
interpreted  the  words  in  this  charter,  "  not  repugnant  to  the  laws 
of  England,"  by  the  words,  "  as  nearly  as  conveniently  may  be 
agreeable  to  the  laws  and  statutes  of  England."  And  her  Majesty 
was  pleased  to  disallow  those  acts,  not  because  they  were  repug 
nant  to  any  law  or  statute  of  England,  made  expressly  to  refer  to 
the  colony,  but  because  divers  persons,  by  virtue  thereof,  were 
punished,  without  being  tried  by  their  peers  in  the  ordinary  "  courts 
of  law,"  and  "  by  the  ordinary  rules  and  known  methods  of  jus 
tice,"  contrary  to  the  express  terms  of  Magna  Charta,  which  was  a 
statute  in  force  at  the  time  of  granting  the  charter,  and  declara 
tory  of  the  rights  and  liberties  of  the  subjects  within  the  realm. 

You  are  pleased  to  say,  that  "  our  provincial  or  local  laws  have, 
in  numerous  instances,  had  relation  to  acts  of  Parliament,  made  to 
respect  the  plantations,  and  this  colony  in  particular."  The  au 
thority  of  the  Legislature,  says  the  same  author  who  is  quoted  by 
your  Excellency,  "  does  not  extend  so  far  as  the  fundamentals 
of  the  constitution.  They  ought  to  consider  the  fundamental 
laws  as  sacred,  if  the  nation  has  not  in  very  express  terms,  given 
them  the  power  to  change  them.  For  the  constitution  of  the  state 
ought  to  be  fixed  ;  and  since  that  was  first  established  by  the  na 
tion,  which  afterwards  trusted  certain  persons  with  the  Legislative 
power,  the  fundamental  laws  are  excepted  from  their  commission." 
Now  the  fundamentals  of  the  constitution  of  this  province,  are  stip 
ulated  in  the  charter  5  the  reasoning,  therefore,  in  this  case,  holds 
equally  good.  Much  less,  then,  ought  any  acts  or  doings  of  the 
General  Assembly,  however  numerous,  to  neither  of  which  your 
Excellency  has  pointed  us,  which  barely  relate  to  acts  of  Parlia 
ment  made  to  respect  the  plantations  in  general,  or  this  colony  in 
particular,  to  be  taken  as  an  acknowledgment  of  this  people,  or 
even  of  the  Assembly,  which  inadvertently  passed  those  acts,  that 
we  are  subject  to  the  supreme  authority  of  Parliament ;  and  with 
still  less  reason  are  the  decisions  in  the  executive  courts  to  deter 
mine  this  point.  If  they  have  adopted  that  "  as  part  of  the  rule 
of  law,"  which,  in  fact,  is  not,  it  must  be  imputed  to  inattention 
or  error  in  judgment,  and  cannot  justly  be  urged  as  an  alteration 
or  restriction  of  the  Legislative  authority  of  the  province. 

Before  we  leave  this  part  of  your  Excellency's  speech,  we  would 


MASSACHUSETTS    STATE    PAPERS,  363 

observe,  that  the  great  design  of  our  ancestors,  in  leaving  the  king 
dom  of  England,  was  to  be  freed  from  a  subjection  to  its  spiritual 
laws  and  courts,  and  to  worship  God  according  to  the  dictates  of 
their  consciences.  Your  Excellency,  in  your  history  observes,  that 
their  design  was  "  to  obtain  for  themselves  and  their  posterity,  the 
liberty  of  worshipping  God  in  such  manner  as  appeared  to  them 
most  agreeable  to  the  sacred  scriptures."  And  the  General  Court 
themselves  declared  in  1651,  that  "  seeing  just  cause  to  fear  the 
persecution  of  the  then  Bishop,  and  high  commission  for  not  con 
forming  to  the  ceremonies  of  those  under  their  power,  they  thought 
it  their  safest  course,  to  get  to  this  outside  of  the  world,  out  of 
their  view,  and  beyond  their  reach."  But,  if  it  had  been  their 
sense,  that  they  were  still  to  be  subject  to  the  supreme  authority 
of  Parliament, 'tli ey  must  have  known  that  their  design  might,  and 
probably  would  be  frustrated  5  that  the  Parliament,  especially  con 
sidering  the  temper  of  those  times,  might  make  what  ecclesiastical 
laws  they  pleased,  expressly  to  refer  to  them,  and  place  them  in 
the  same  circumstances  with  respect  to  religious  matters,  to  be  re 
lieved  from  which,  was  the  design  of  their  removal ;  and  we  would 
add,  that  if  your  Excellency's  construction  of  the  clause  in  our  pre 
sent  charter  is  just,  another  clause  therein,  which  provides  for  lib 
erty  of  conscience  for  all  christians,  except  papists,  may  be  ren 
dered  void  by  an  act  of  Parliament  made  to  refer  to  us,  requiring 
a  conformity  to  the  rites  and  mode  of  worship  in  the  church  of 
England,  or  any  other. 

Thus  we  have  endeavored  to  show  the  sense  of  the  people  of 
this  colony  under  both  charters;  and,  if  there  have  been  in  any 
late  instances  a  submission  to  acts  of  Parliament,  it  has  been,  in 
our  opinion,  rather  from  inconsideration,  or  a  reluctance  at  the 
idea  of  contending  with  the  parent  state,  than  from  a  conviction  or 
acknowledgment  of  the  Supreme  Legislative  authority  of  Parlia 
ment. 

Your  Excellency  tells  us,  "  you  know  of  no  line  that  can  „_ 
drawn  between  the  supreme  authority  of  Parliament  and  the  total 
independence  of  the  colonies."  [f  there  be  no  such  line,  the  con- 
sequence  is,  either  that  the  colonies  are  the  vassals  of  the  Parlia- 
ment,  or  that  they  are  totally  independent.  As  it  cannot  be  sup- 
posed  to  have  been  the  intention  of  the  parties  in  the  compact, 
that  we  should  be  reduced  to  a  state  of  vassalage,  the  conclusion 
is,  that  it  was  their  sense,  that  we  were  thus  independent.  "  It  is 
impossible,"  your  Excellency  says, '"  that  there  should  be  two  in 
dependent  Legislatures  in  one  and  the  same  state."  May  we  not 
then  further  conclude,  that  it  was  their  sense,  that  the  colonies 
were,  by  their  charters,  made  distinct  states  from  the  mother  coun 
try  ?  Your  Excellency  adds,  "  for  although  there  may  be  but  one 
head,  the  King,  yet  the  two  Legislative  bodies  will  make  two  gov 
ernments  as  distinct  as  the  kingdoms  of  England  and  Scotland, 
before  the  union."  Very  true,  may  it  please  your  Excellency : 


364;  MASSACHUSETTS  STATE  PAPERS. 

/  and  if  they  interfere  not  with  each  other,  what  hinders,  but  that 
i  being  united  in  one  head  and  common  Sovereign,  they  may  live 
happily  in  that  connection,  and  mutually  support  and  protect  each 
other?  Notwithstanding  all  the  terrors  which  your  Excellency 
has  pictured  to  us  as  the  effects  of  a  total  independence,  there  is 
more  reason  to  dread  the  consequences  of  absolute  uncontroled 
power,  whether  of  a  nation  or  a  monarch,  than  those  of  a  total  inde 
pendence.  It  would  be  a  misfortune  "  to  know  by  experience,  the 
difference  between  the  liberties  of  an  English  colonist  and  those  of 
the  Spanish,  French,  and  Dutch  :  and  since  the  British  Parlia 
ment  has  passed  an  act,  which  is  executed  even  with  rigor,  though 
not  voluntarily  submitted  to,  for  raising  a  revenue,  and  appropri 
ating  the  same,  without  the  consent  of  "the  people  who  pay  it,  and 
have  claimed  a  power  of  making  such  laws  as  they  please,  to  order 
and  govern  us,  your  Excellency  will  excuse  us  in  asking,  whether 
you  do  not  think  we  already  experience  too  much  of  such  a  differ 
ence,  and  have  not  reason  to  fear  we  shall  soon  be  reduced  to  a 
worse  situation  than  that  of  the  colonies  of  France.  Spain,  or  Hol 
land  ? 

If  your  Excellency  expects  to  have  the  line  of  distinction  be 
tween  the  supreme  authority  of  Parliament,  and  the  total  indepen 
dence  of  the  colonies  drawn  by  us,  we  would  say  it  would  be  an 
arduous  undertaking,  and  of  very  great  importance  to  all  the  other 
colonies ;  and  therefore,  could  we  conceive  of  such  a  line,  we 
/should  be  unwilling  to  propose  it,  without  their  consent  in  Con- 
ress. 

To  conclude,  these  are  great  and  profound  questions.  It  is  the 
grief  of  this  House,  that,  by  the  ill  policy  of  a  late  injudicious 
administration,  America  has  been  driven  into  the  contemplation  of 
them.  And  we  cannot  but  express  our  concern,  that  your  Excel 
lency,  by  your  speech,  has  reduced  us  to  the  unhappy  alternative, 
either  of  appearing  by  our  silence  to  acquiesce  in  your  Excellen 
cy's  sentiments,  or  of  thus  freely  discussing  this  point. 

After  all  that  we  have  said,  we  would  be  far  from  being  under 
stood  to  have  in  the  least  abated  that  just  sense  of  allegiance  which 
we  owe  to  the  King  of  Great  Britain,  our  rightful  Sovereign  ;  and 
should  the  people  of  this  province  be  left  to  the  free  and  full  exer 
cise  of  all  the  liberties  and  immunities  granted  to  them  by  charter, 
there  would  be  no  danger  of  an  independence  on  the  Crown.  Our 
charters  reserve  great  power  to  the  Crown  in  its  Representative, 
fully  sufficient  to  balance,  analogous  to  the  English  constitution, 
all  the  liberties  and  privileges  granted  to  the  people.  All  this 
your  Excellency  knows  full  well;  and  whoever  considers  the 
power  and  influence,  in  all  their  branches,  reserved  by  our  charter, 
to  the  Crown,  will  be  far  from  thinking  that  the  Commons  of  this 
province  are  too  independent. 

("This  answer  was  reported  by  Mr.  S.  Adams,  Mr.  Hancock, 


•:.* 


MASSACHUSETTS  STATE  PAPERS, 


365 


Maj.  Hawley,  Col.  Bowers,  Mr.  Hobson,  Maj.  Foster,  Mr.  Phil 
lips,  and  Col.  Thayer.] 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
FEBRUARY  3,  1773. 

May  it  please  your  Excellency , 

THE  House  of  Representatives  having  directed  the  Secretary 
to  inform  them,  whether  you  have  been  pleased  to  give  your  assent 
to  the  grants  lately  made  to  the  Justices  of  the  Superior  Court  of 
Judicature,  &c.  and  it  appearing  that  your  Excellency  has  not 
yet  done  it,  it  is  their  request,  that  you  would  be  pleased  to  make 
known  to  them  the  difficulty  (if  any  there  be)  in  your  Excellen 
cy's  mind,  which  prevents  your  assenting  to  said  grants. 

The  people  without  doors  are  universally  alarmed  with  the  re 
port  that  salaries  are  fixed  to  the  offices  of  the  said  Justices,  by 
order  of  the  Crown  ;  and  an  unusual  delay  to  confirm  the  grants 
now  made,  is  judged  by  this  House  to  be  a  sufficient  apology  for 
this  inquiry. 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
FEBRUARY  4,  1773. 

Gentlemen  of  the  House  of  Representatives, 

(I.JIAVE  received  information,  that  his  Majesty  has  been  pleas-  j 
ed  to  order,  that  salaries  shall  be  allowed  to  the  Justices  of  the 
Superior  Court,  and  that  such  salaries  shalT  continue  so  long  as 
those  Justices  shall  reside  within  the  province,  and  whilst  they  are 
absent  from  it,  with  his  Majesty's  leave;  but  I  have  no  informa 
tion  that  any  warrants  for  the  payment  of  such  salaries  have  been 
issued.  I,  therefore,  did  not  give  an  immediate  assent  to  the  grants 
which  you  have  made  for  their  services  the  year  past,  as  the  war 
rants,  if  they  should  hereafter  be  transmitted,  may  include  part  of 
the  same  time  for  which  your  grants  are  made,  but  thought  it  most 
advisable  to  consider  of  some  precaution,  to  prevent  all  claim  from 
the  province  for  any  services,  for  which  the  Justices  may  also  be 
entitled  to  a  salary  from  the  King.  I  hope,  therefore,  a  short  de-  i 


366  MASSACHUSETTS  STATE  PAPERS. 

lay,  which  has  been  occasioned  by  a  regard  to  your  interest,  as 
well  as  by  a  sense  of  my  duty  to  his  Majesty,  will  not  be  thought 
unnecessary.  T.  HUTCHINSON. 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
FEBRUARY  12,  1773. 

May  it  please  your  Excellency, 

YOUR  message  of  the  4th  instant,  informs  this  House,  that  his 
Majesty  has  been  pleased  to  order  that  salaries  shall  be  allowed  to 
the  Justices  of  the  Superior  Court  of  this  province. 

We  conceive  that  no  Judge,  who  has  a  due  regard  to  justice,  or 
even  to  his  own  character,  would  choose  to  be  placed  under  such 
an  undue  bias  as  they  must  be  under,  in  the  opinion  of  this  House., 
by  accepting  of,  and  becoming  dependent  for  their  salaries  upon 
the  Crown. 

Had  not  his  Majesty  been  misinformed,  with  respect  to  the  con 
stitution  and  appointment  of  our  Judges,  by  those  who  advised  to 
this  measure,  we  are  persuaded,  he  would  never  have  passed  such 
an  order ;  as  he  was  pleased  to  declare,  upon  his  accession  to  the 
throne,  that  "  he  looked  upon  the  independence  and  uprightness 
of  the  Judges,  as  essential  to  the  impartial  administration  of  jus 
tice,  as  one  of  the  best  securities  of  the  rights  and  liberties  of  his 
subjects,  and  as  most  conducive  to  the  honor  of  the  Crown." 

Your  Excellency's  precaution  to  prevent  all  claim  from  the  pro 
vince  for  any  services,  for  which  the  Justices  may  also  be  entitled 
to  a  salary  from  the  King,  is  comparatively,  of  very  small  consid 
eration  with  us. 

When  we  consider  the  many  attempts  that  have  been  made, 
effectually  to  render  null  and  void  those  clauses  in  our  charter, 
upon  which  the  freedom  of  our  constitution  depends,  we  should  be 
lost  to  all  public  feeling,  should  we  not  manifest  a  just  resentment. 
We  are  more  and  more  convinced,  that  itjias_been  the  design  of 
administration,  totally  to  subvert  the  constitufioTipanHirvtro- 
duce  an  arbitrary  government  into  this  province ;  and  we  can 
not  wonder  that  the  apprehensions  of  this  people  are  thoroughly 
awakened. 

We  wait  with  impatience  to  know,  and  hope  your  Excellency 
will  very  soon  be  able  to  assure  us,  that  the  Justices  Will  utterly 
refuse  ever  to  accept  of  support,  in  a  manner  so  justly  obnoxious 
to  the  disinterested  and  judicious  part  of  the  good  people  of  this 
province,  being  repugnant  to  the  charter?  and  utterly  inconsist- 


MASSACHUSETTS  STATE  PAPERS.  367 

ent  with  the  safety  of  the  rights,  liberties,  and  properties  of  the 
people. 

[The  committee  who  reported  this  message,  were,  Mr.  S.  Ad 
ams,  Mr.  Pickering,  Mr.  Phillips,  Mr.  Hancock,  Mr.  Heath,  Mr. 
Foster,  and  Mr.  Benny.] 


MESSAGE 

FROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
FEBRUARY  16, 1773. 

May  it  please  your  Excellency, 

THE  House  of  Representatives  think  it  of  the  last  importance, 
to  wait  on  your  Excellency,  and  pray  that  you  would  be  pleased  to 
inform  them,  whether  your  Excellency  can  now  satisfy  the  House, 
that  the  Justices  of  the  Superior  Court  have  refused,  or  will  refuse, 
to  accept  of  their  support  from  the  Crown  ;  a  matter  which  appears 
to  have  filled  the  minds  of  the  good  people  of  this  province,  with  the 
greatest  anxiety ;  and  a  determination  of  which,  in  the  affirmative, 
will  tend  to  promote  his  Majesty's  service,  and  the  peace  and  hap 
piness  of  the  people. 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
FEBRUARY  16,  1773. 

Gentlemen  of  the  House  of  Representatives, 

I  MOST  certainly  am  not  able  to  inform  you,  that  the  Justices 
of  the  Superior  Court  have  refused,  or  will  refuse,  to  accept  of  their 
support  from  the  Crown.  All  that  I  thought  necessary  for  me  to 
do,  before  I  gave  my  assent  to  the  grants  which  you  had  made,  was 
the  taking  proper  caution  to  prevent  their  being  entitled  to  a  salary 
from  the  province,  after  a  salary  from  the  Crown  should  commence, 
if  the  warrants  for  the  payment  of  such  salary  should  hereafter  be 
received.  T.  HUTCHINSON. 


368  MASSACHUSETTS    STATE    PAPERS. 

•     •> 

SPEECH 

OF  THE  GOVERNOR  TO  BOTH  HOUSES,  FEBRUARY  16,  1773. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  tfye  House  of  Representatives, 

\  THE  proceedings  of  such  of  the  inhabitants  of  the  town  of 
Boston,  as  assembled  together,  and  passed  and  published  their  re 
solves  or  votes,  as  the  act  of  the  town,  at  a  legal  town  meeting, 
denying,  in  the  most  express  terms,  the  supremacy  of  Parliament, 
and  inviting  every  other  town  and  district  in  the  province,  to 
adopt  the  same  principle,  and  to  establish  committees  of  corres 
pondence,  to  consult  upon  proper  measures  to  maintain  it,  and 
the  proceedings  of  divers  other  towns,  in  consequence  of  this  in 
vitation,  appeared  to  me  to  be  so  unwarrantable,  and  of  such  a 
dangerous  nature  and  tendency,  that  I  thought  myself  bound  to  call 
upon  you  in  my  speech  at  opening  the  session,  to  join  with  me  in 
discountenancing  and  bearinga  proper  testimony  against  such  ir 
regularities  and  innovations?^ 

1  stated  to  you  fairly  ancTtruly,  as  I  conceived,  the  constitution 
of  the  kingdom  and  of  the  province,  so  far  as  relates  to  the  depend 
ence  of  the  former  upon  the  latter;  and  I  desired  you,  if  you  dif 
fered  from  me  in  sentiments,  to  show  me,  with  candor,  my  own 
errors,  and  to  give  your  reasons  in  support  of  your  opinions,  so 
far  as  you  might  differ  from  me.  I  hoped  that  you  would  have 
considered  my  speech  by  your  joint  committees,  and  have  given 
me  a  joint  answer ;  but,  as  the  House  of  Representatives  have  de 
clined  that  mode  of  proceeding,  and  as  your  principles  in  govern 
ment  are  very  different,  I  am  obliged  to  make  separate  and  dis 
tinct  replies.  I  shall  first  apply  myself  to  you, 

Gentlemen  of  the  Council, 

\The  two  first  parts  of  your  answer,  which  respect  the  disorders 
occasioned  by  the  stamp  act,  and  the  general  nature  of  supreme 
authority,  do  not  appear  to  me  to  have  a  tendency  to  invalidate 
any  thing  which  I  have  said  in  my  speech  ;  for,  however  the  stamp 
act  may  have  been  the  immediate  occasion  of  any  disorders,  the 
authority  of  Parliament  was,  notwithstanding,  denied,  in  order  to 
justify  or  excuse  them.  And,  for  the  nature  of  the  supreme  autho 
rity  of  Parliament,  I  have  never  given  you  any  reason  to  suppose, 
that  I  intended  a  more  absolute  power  in  Parliament,  or  a  greater 
degree  of  active  or  passive  obedience  in  the  people,  than  what  is 
founded  in  the  nature  of  government,  let  the  form  of  it  be  what  it 
may.  I  shall,  therefore,  pass  over  those  parts  of  your  answer, 
without  any  other  remark.  I  would  also  have  saved  you  the  trou 
ble  of  all  those  authorities  whicl}  you  have  brought  to  show,  that 


MASSACHUSETTS  STATE  PAPERS.  369 

all  taxes  upon  Knglish  subjects,  must  be  levied  by  virtue  of  the 
act,  Hot  of  the  King  alone,  but  in  conjunction  with  the  Lords  and 
Commons,  for  I  should  very  readily  have  allowed  it;  and  I  should 
as  readily  have  allowed,  that  all  other  acts  of  legislation  must  be 
passed  by  the  same  joint  authority,  and  not  by  the  King  alone. 

Indeed,  I  am  not  willing  to  continue  a  controversy  with  you, 
upon  any  other  parts  of  your  answer.  I  am  glad  to  find,  that  in 
dependence  is  not  what  you  have  in  contemplation,  and  that  you 
will  not  presume  to  prescribe  the  exact  limits  of  the  authority  of 
Parliament,  only,  as  with  due  deference  to  it,  you  are  humbly  of 
opinion,  that,  as  all  human  authority  in  the  nature  of  it  is,  and 
ought  to  be  limited,  it  cannot  constitutionally  extend,  for  the  rea 
sons  you  have  suggested,  to  the  levying  of  taxes,  in  any  form,  on 
his  Majesty's  subjects  of  this  province. 

I  will  only  observe,  that  your  attempts  to  draw  a  line  as  the 
limits  of  the  supreme  authority  in  government,  by  distinguishing 
some  natural  rights,  as  more  peculiarly  exempt  from  such  autho 
rity  than  the  rest,  rather  tend  to  evince  the  impracticability  of 
drawing  such  a  line  ;  and,  that  some  parts  of  your  answer  seem  to 
Infer  a  supremacy  in  the  province,  at  the  same  time  that  you  ac 
knowledge  the  supremacy  of  Parliament ;  for  otherwise,  the  rights 
of  the  subjects  cannot  be  the  same  in  all  essential  respects,  as  you 
suppose  them  to  be,  in  all  parts  of  the  dominions,  *4  under  a  like 
form  of  Legislature." 

From  these,  therefore,  and  other  considerations,  I  cannot  help 
flattering  myself,  that,  upon  more  mature  deliberation,  and  in  or 
der  to  a  more  consistent  plan  of  government,  you  will  choose  rather 
to  doubt  of  the  expediency  of  Parliament's  exercising  its  authority 
In  cases  that  may  happen,  than  to  limit  the  authority  itself,  espe 
cially,  as  you  agree  with  me  in  the  proper  method  of  obtaining  a 
reclress  of  grievances  by  constitutional  representations,  which  can 
not  well  consist  with  a  denial  of  the  authority  to  which  the  repre 
sentations  are  made  ;  arid  from  the  best  information  I  have  been 
able  to  obtain,  the  denial  of  the  authority  of  Parliament,  express 
ly,  or  by  implication,  in  those  petitions  to  which  you  refer,  was  the 
cause  of  their  not  being  admitted,  and  not  any  advice  given  by  the 
Minister  to  the  Agents  of  the  colonies.  I  must  enlarge,  and  be 
more  particular  in  my  reply  to  you, 

Gentlemen  of  the  House  of  Representatives. 

I  shall  take  no  notice  of  that  part  of  your  answer,  which  attri 
butes  the  disorders  of  the  province,  to  an  undue  exercise  of  the 
power  of  Parliament ;  because  you  take  for  granted,  what  can  by 
no  means  be  admitted,  that  Parliament  had  exercised  its  power 
without  just  authority.  The  sum  of  your  answer,  so  far  as  it  is 
pertinent  to  my  speech,  is  this. 

You  allege  that  the  colonies  were  an  acquisition  of  foreign  ter 
ritory,  not  annexed  to  the  realm  of  England ;  and,  therefore,  at  the 
47 


370  MASSACHUSETTS    STATE    PAPERS. 

absolute  disposal  of  the  Crown  ;  the  King  having,  as  you  take  it,  a 
constitutional  right  to  dispose  of,  and  alienate  any  part  of  his  ter 
ritories,  not  annexed  to  the  realm ;  that  Queen  Elizabeth  accord 
ingly  conveyed  the  property,  dominion,  and  sovereignty  of  Vir 
ginia,  to  Sir  Walter  Jlaleigh,  to  be  held  of  the  Crown  by  homage 
and  a  certain  render,  without  reserving  any  share  in  the  legisla 
tive  and  executive  authority  ;  that  the  subsequent  grants  of  Ame 
rica  were  similar  in  this  respect ;  that  they  were  without  any  re 
servation  for  securing  the  subjection  of  the  colonists  to  the  Parlia 
ment,  and  future  laws  of  England  ;  that  this  was  the  sense  of  the 
English  Crown,  the  nation,  and  our  predecessors,  when  they  first 
took  possession  of  this  country  ;  that  if  the  colonies  were  not  then, 
annexed  to  the  realm,  they  cannot  have  been  annexed  since  that 
time  ;  that  if  they  are  not  now  annexed  to  the  realm,  they  are  not 
part  of  the  kingdom  ;  and,  consequently,  not  subject  to  the  legis 
lative  authority  of  the  kingdom  5  for  no  country,  by  the  common 
law,  was  subject  to  the  laws  or  to  the  Parliament,  but  the  realm  ot 
England. 

Now,  if  this  foundation  shall  fail  you  in  every  part  of  it,  as  T 
think  it  will,  the  fabric  which  you  have  raised  upon  it  must  cer 
tainly  fall. 

Let  me  then  observe  to  you,  that  as  English  subjects,  and  agree 
able  to  the  doctrine  of  feudal  tenure,  all  our  lands  and  tenements 
are  held  mediately,  or  immediately  of  the  Crown,  and  although  the 
possession  and  use,  or  profits,  be  in  the  subject,  there  still  remains 
a  dominion  in  the  Crown.  When  any  new  countries  are  discov 
ered  by  English  subjects,  according  to  the  general  law  and  usage 
of  nations,  they  become  part  of  tlie  state,  and,  according  to  the 
feudal  system,  the  lordship  or  dominion,  is  in  the  Crown  ;  and  a 
right  accrues  of  disposing  of  such  territories,  under  such  tenure, 
or  for  such  services  to  be  performed,  as  the  Crown  shall  judge 
proper ;  and  whensoever  any  part  of  such  territories,  by  grant 
from  the  Crown,  becomes  the  possession  or  property  of  private 
persons,  such  persons,  thus  holding,  under  the  Crown  of  England, 
remain,  or  become  subjects  of  England,  to  all  intents  and  purposes, 
as  fully,  as  if  any  of  the  royal  manors,  forests,  or  other  territory, 

qithm  the  realm,  had  been  granted  to  them  upon  the  like  tenure. 

mt,  that  it  is  now,  or  was,  when  the  plantations  were  first  granted. 
:JTe  prerogative  of  the  Kings  of  England  to  alienate  such  territo 
ries  from  the  Crown,  or  to  constitute  a  number  of  new  govern 
ments,  altogether  independent  of  the  sovereign  legislativftauthority 
of  the  English  empire,  I  can  by  no  means  concede  to  yooV  ^  nave 
never  seen  any  better  authority  to  support  such  an  opinion,  than  an 
anonymous  pamphlet,  by  which,  I  fear,  you  have  too  easily  been 
misled  ;  for  I  shall  presently  show  you,  that  the  declarations  ol 
King  James  the  I.  and  of  King  Charles  the  I.  admitting  they  are 
truly  related  by  the  author  of  this  pamphlet,  ought  to  have  no 
weight  with  you  5  nor  does  the  cession  or  restoration,  upon  a  treaty 


MASSACHUSETTS   STATE    PAPERS.  371 

of  peace,  of  countries  which  have  been  lost  or  acquired  in  war, 
militate  with  these  principles  5  nor  may  any  particular  act  of  power 
of  a  prince,  in  selling,  or  delivering  up  any  part  of  his  dominions 
to  a  foreign  prince  or  state,  against  the  general  sense  of  the  na 
tion,  be  urged  to  invalidate  them ;  and,  upon  examination,  it  will 
appear,  that  all  the  grants  which  have  been  made  of  America,  are 
founded  upon  them,  and  are  made  to  conform  to  them,  even  those 
which  you  have  adduced  in  support  of  very  different  principles. 

You  do  not  recollect,  that  prior,  to  what  you  call  the  first  grant 
by  Queen  Elizabeth  to  Sir  Walter  Raleigh,  a  grant  had  been  made 
by  the  same  Princess,  to  Sir  Humphrey  Gilbert,  of  all  such  coun 
tries  as  he  should  discover,  which  were  to  be  of  the  allegiance  of 
her,  her  heirs  and  successors  5  but  he  dying  in  the  prosecution  of 
his  voyage,  a  second  grant  was  made  to  Sir  Walter  Raleigh,  which, 
you  say,  conveyed  the  dominion  and  sovereignty,  without  any  re 
serve  of  legislative  or  executive  authority,  being  held  by  homage 
and  a  render.  To  hold  by  homage,  which  implies  fealty,  arid  a 
render,  is  descriptive  of  soccagc  tenure  as  fully,  as  if  it  had  been 
said  to  hold  as  of  our  manor  of  East  Greenwich,  the  words  in  your 
charter.  Now,  this  alone  was  a  reserve  of  dominion  and  sove 
reignty  in  the  Queen,  her  heirs  and  successors;  and,  besides  this, 
the  grant  is  made  upon  this  express  condition,  which  you  pass 
over,  that  the  people  remain  subject  to  the  Crown  of  England,  the 
head  of  that  legislative  authority,  which,  by  the  English  constitu 
tion,  is  equally  extensive  with  the  authority  of  the  Crown,  through 
out  every  part  of  the  dominions.  Now,  if'  we  could  suppose  the 
Queen  to  have  acquired,  separate  from  her  relation  to  her  subjects, 
or  in  her  natural  capacity,  which  she  could  not  do,  a  title  to  a 
country  discovered  by  her  subjects,  and  then  to  grant  the  same 
country  to  English  subjects,  in  her  public  capacity  as  Queen  of 
England,  still,  by  this  grant,  she  annexed  it  to  the  Crown.  Thus 
by  not  distinguishing  between  the  Crown  of  England,  and  the  Kings 
and  Queens  of  England,  in  their  personal  or  natural  capacities,  you 
have  been  led  into  a  fundamental  error,  which  must  prove  fatal  to 
your  system.  It  is  not  material,  whether  Virginia  reverted  to  the 
Crown  by  Sir  Walter's  attainder,  or  whether  he  never  took  any 
benefit  from  his  grant,  though  the  latter  is  most  probable,  seeing  he 
ceased  from  all  attempts  to  take  possession  of  the  country  after  a 
few  years  trial.  There  were,  undoubtedly,  divers  grants  made  by 
King  James  the  I.  of  the  continent  of  America,  in  the  beginning  oJ 
the  seventeenth  century,  and  similar  to  the  grant  of  Queen  Eliza 
beth,  in  this  respect,  that  they  were  dependent  on  the  Crown. 
The  charter  to  the  Council  at  Plymouth,  in  Devon,  dated  Novem 
ber  3,  1620,  more  immediately  respects  us,  and  of  that  we  have 
the  most  authentic  remains. 

By  this  charter,  upon  the  petition  of  Sir  Ferdinando  Gorges,  a 
corporation  was  constituted,-  to  be,  and  continue  by  succession, 
forever  in  the  town  of  Plymouth  aforesaid,  to  which  corporation, 


372  MASSACHUSETTS  STATE  PAPERS. 

that  part  of  the  American  continent,  which  lies  between  40  and 
48  degrees  of  latitude,  was  granted,  to  be  held  of  the  King,  his 
heirs  and  successors,  as  of  the  manor  of  East  Greenwich,  with 
powers  to  constitute  subordinate  governments  in  America,  and  to 
make  laws  for  such  governments,  not  repugnant  to  the  laws  and 
statutes  of  England.  From  this  corporation,  your  predecessors 
obtained  a  grant  of  the  soil  of  the  colony  of  Massachusetts  Bay,  in 
1627,  and  in  1628,  they  obtained  a  charter  from  King  Charles  the 
I.  making  them  a  distinct  corporation,  also  within  the  realm,  and 
giving  them  full  powers  within  the  limits  of  their  patent,  very  like 
to  those  of  the  Council  of  Plymouth,  throughout  their  more  exten 
sive  territory. 

We  will  now  consider  what  must  have  been  the  sense  of  the 
King,  of  the  nation,  and  of  the  patentees,  at  the  time  of  granting^ 
these  patents.  From  the  year  1602,  the  banks  and  sea  coasts  of 
New  England  had  been  frequented  by  English  subjects,  for  catch 
ing  and  drying  cod  fish.  When  an  exclusive  right  to  the  fishery 
was  claimed,  by  virtue  of  the  patent  of  1620,  the  House  of  Com 
mons  was  alarmed,  and  a  bill  was  brought  in  for  allowing  a  free 
fishery ;  and,  it  was  upon  this  occasion,  that  one  of  the  Secretaries 
of  State  declared,  perhaps,  as  his  own  opinion,  that  the  plantations 
were  not  annexed  to  the  Crown,  and  so  were  not  within  the  juris 
diction  of  Parliament.  Sir  Edwin  Sandys,  who  was  one  of  the 
Virginia  Company,  and  an  eminent  lawyer,  declared,  that  he  knew 
Virginia  had  been  annexed,  and  was  held  of  the  Crown,  as  of  the 
manor  of  East  Greenwich,  and  he  believed  New  England  was  so 
also ;  and  so  it  most  certainly  was.  This  declaration,  made  by  one 
of  the  King's  servants,  you  say,  shewed  the  sense  of  the  Crown, 
and,  being  not  secretly,  but  openly  declared  in  Parliament,  you 
would  make  it  the  sense  of  the  nation  also,  notwithstanding  your 
own  assertion,  that  the  Lords  and  Commons  passed  a  bill,  that 
shewed  their  sense  to  be  directly  the  contrary.  But  if  there  had 
been  full  evidence  of  express  declarations*  made  by  King  James  the 
I.  and  King  Charles  the  I.  they  were  declarations  contrary  to  their 
own  grants,  which  declare  this  country  to  be  held  of  the  Crown, 
and,  consequently,  it  must  have  been  annexed  to  it.  And  may 
not  such  declarations  be  accounted  for  by  other  actions  of  those 
princes,  who,  when  they  were  soliciting  the  Parliament  to  grant 
the  duties  of  tonnage  and  poundage,  with  other  aids,  and  were,  in 
this  way,  acknowledging  the  rights  of  Parliament,  at  the  same  time 
were  requiring  the  payment  of  those  duties,  with  ship  money,  &c. 
by  virtue  of  their  prerogative  ? 

"*  But  to  remove  all  doubts  of  the  sense  of  the  nation,  and  of  the 
patentees  of  this  patent,  or  charter,  in  1620, 1  need  only  refer  you 
to  the  account  published  by  Sir  Ferdinando  Gorges  himself,  of  the 
proceedings  in  Parliament  upon  this  occasion.  As  he  was  the 
most  active  Member  of  the  Council  of  Plymouth,  and,  as  he  relates 
tvhat  came  within  his  own  knowledge  and  observation,  his  narra- 


MASSACHUSETTS    STATE    PAPERS.  373 

tive,  which  has  all  the  appearance  of  truth  and  sincerity,  must 
carry  conviction  with  it.  He  says,  that  soon  after  the  patent  was 
passed,  and  whilst  it  lay  in  the  Crown  Office,  he  was  summoned  to 
appear  in  Parliament,  to  answer  what  was  to  be  objected  against 
it ;  and  the  House  being  in  a  committee,  and  Sir  Edward  Coke, 
that  great  oracle  of  the  law,  in  the  chair,  he  was  called  to  the  bar, 
and  was  told  by  Sir  Edward,  that  the  House  understood  that  a 
patent  had  been  granted  to  the  said  Ferdinaudo,  and  divers  other 
noble  persons,  for  establishing  a  colony  in  New  England,  that  this 
was  deemed  a  grievance  of  the  Commonwealth,  contrary  to  the 
laws,  and  to  the  privileges  of  the  subject,  that  it  was  a  monopoly, 
&c.  and  he  required  the  delivery  of  the  pateiit  into  the  House. 
Sir  Ferdinand o  Gorges  made  no 'doubt  of  the  authority  of  the 
House,  but  submitted  to  their  disposal  of  the  patent,  as,  in  their 
wisdom,  they  thought  good  ;  "  not  knowing,  under  favor,  how  any 
action  of  that  kind  could  be  a  grievance  to  the  public,  seeing  it  was 
undertaken  for  the  advancement  of  religion,  the  enlargement  of 
the  bounds  of  our  nation,  &c.  He  was  willing,  however,  to  sub 
mit  the  whole  to  their  honorable  censures."  After  divers  attend 
ances,  he  imagined  he  had  satisfied  the  House,  that  the  planting 
a  colony,  was  of  much  more  consequence,  than  a  simple  disorderly 
course  of  fishing.  He  was,  notwithstanding,  disappointed  ;  and, 
when  the  public  grievances'  of  the  kingdom  were  presented  by  the 
two  Houses,  that  of  the  patent  for  New  England  was  the  first.  I 
do  not  know  how  the  Parliament  could  have  shewn  more  fully  the 
sense  they  then  had  of  their  authority  over  this  new  acquired  ter 
ritory  ;  nor  can  we  expect  better  evidence  of  the  sense  which  the 
patentees  had  of  it,  for  I  know  of  no  historical  fact,  of  which  we 
have  less  reason  to  doubt. 

And  now,  gentlemen,  I  will  shew  you  how  it  appears  from  our 
charter  itself,  which  you  say,  I  have  not  yet  been  pleased  to  point 
out  to  you,  except  from  that  clause,  which  restrains  us  from  mak 
ing  laws  repugnant  to  the  laws  of  England  ;  that  it  was  the  sense 
of  our  predecessors,  at  the  time  when  the  charter  was  granted,  that 
they  were  to  remain  subject  to  the  supreme  authority  of  Parlia 
ment. 

Besides  this  clause,  which  I  shall  have  occasion  further  to  re 
mark  upon,  before  I  finish,  you  will  find,  that,  by  the  charter,  a  grant 
was  made,  of  exemption  ifrom  all  taxes  and  impositions  upon  any 
goods  imported  into  New  England,  or  exported  from  thence  into 
England,  for  the  space  of  twenty-one  years,  except  the  custom  of 
five  per  cent,  upon  such  goods,  as,  after  the  expiration  of  seven  years, 
should  be  brought  into  England.  Nothing  can  be  more  plain,  than 
that  the  charter,  as  well  as  the  patent  to  the  Council  of  Plymouth, 
constitutes  a  corporation  in  England,  with  powers  to  create  a  sub 
ordinate  government  or  governments  within  the  plantation,  so  that 
there  would  always  be  subjects  of  taxes  and  impositions  both  in 
the  kingdom  and  in  the  plantation.  An  exemption  for  twenty- 


374  MASSACHUSETTS    STATE    PAPERS. 

one  years,  implies  a  right  of  imposition  after  the  expiration  of  the 
term,  and  there  is  no  distinction  between  the  kingdom  and  the 
plantation.  By  what  authority  then,  in  thje  understanding  of  the 
parties,  were  those  impositions  to  be  laid  ?  If  any.  to  support  a 
system,  should  say  by  the  King,  rather  than  to  acknowledge  the 
authority  of  Parliament,  yet  this  could  not  be  the  sense  of  one  of 
our  principal  patentees,  Mr.  Samuel  Vassal,  who,  at  that  instant, 
1628,  the  date  of  the  charter,  was  suffering  the  loss  of  his  goods, 
rather  than  submit  to  an  imposition  laid  by  the  King,  without  the 
authority  of  Parliament ;  and  to  prove,  that  a  few  years  after,  it 
could  not  be  the  sense  of  the  rest,  I  need  only  to  refer  you  to  your 
own  records  for  the  year  1642,  where  you  will  find  an  order  of  the 
House  of  Commons,  conceived  in  such  terms,  as  discover  a  plain 
reference  to  this  part  of  the  charter,  after  fourteen  years  of  the 
twenty-one  were  expired.  By  this  order,  the  House  of  Commons 
declare,  that  all  goods  and  merchandize  exported  to  New  England, 
or  imported  from  thence,  shall  be  free  from  all  taxes  and  imposi 
tions,  both  in  the  kingdom  and  New  England,  until  the  House 
shall  take  further  order  therein  to  the  contrary.  The  sense  which 
our  predecessors  had  of  the  benefit  which  they  took  from  this  or 
der,  evidently  appears  from  the  vote  of  the  General  Court,  ac 
knowledging  their  humble  thankfulness,  and  preserving  a  grateful 
remembrance  of  the  honorable  respect  from  that  high  court,  and 
resolving,  that  the  order  sent  unto  them,  under  the  hand  of  the 
Clerk  of  the  honorable  House  of  Commons,  shall  be  entered  among 
their  public  records,  to  remain  there  unto  posterity.  And,  in  an 
address  to  Parliament,  nine  years  after,  they  acknowledge,  among 
other  undeserved  favors,  that  of  taking  oft*  the  customs  from  them. 
I  am  at  a  loss  to  know  what  your  ideas  could  be,  when  you  say, 
that  if  the  plantations  are  not  part  of  the  realm,  they  are  not  part 
of  the  kingdom,  seeing  the  two  words  can  properly  convey  but  one 
idea,  and  they  have  one  and  the  same  signification  in  the  different 
languages  from  whence  they  are  derived.  I  do  not  charge  you 
with  any  design  ;  but  the  equivocal  use  of  the  word  realm,  in  seve 
ral  parts  of  your  answer,  makes  them  perplexed  and  obscure. 
Sometimes  you  must  intend  the  whole  dominion,  which  is  subject 
to  the  authority  of  Parliament ;  sometimes  only  strictly  the  terri 
torial  realm  to  which  other  dominions  are,  or  may  be  annexed.  If 
you  mean  that  no  countries,  but  the  ancient  territorial  realm,  can, 
constitutionally,  be  subject  to  the  supreme  authority  of  England, 
which  you  have  very  incautiously  said,  is  a  rule  of  the  common 
law  of  England  ;  this  is  a  doctrine  which  you  will  never  be  able 
to  support.  That  the  common  law  should  be  controled  and  chang 
ed  by  statutes,  every  day's  experience  teaches,  but  that  the  com 
mon  law  prescribes  limits  to  the  extent  of  the  Legislative  power, 
I  believe  has  never  been  said  upon  any  other  occasion.  That  acts 
of  Parliaments,  for  several  hundred  years  past,  have  respected 
countries,  which  are  not  strictly  within  the  realm,  you  might  easily 


MASSACHUSETTS    STATE    PAPERS.  375 

have  discovered  by  the  statute  books.  You  will  find  acts  for  reg 
ulating  the  affairs  of  Ireland,  though  a  separate  and  distinct  king 
dom.  Wales  and  Calais,  whilst  they  sent  no  Representatives  to 
Parliament,  were  subject  to  the  like  regulations  ;  so  are  Guernsey, 
Jersey,  Alderney,  &c.  which  send  no  Members  to  this  day.  These 
countries  are  not  more  properly  a  part  of  the  ancient  realm,  than 
the  plantations,  nor  do  I  know  they  can  more  properly  be  said  to 
be  annexed  to  the  realm,  unless  the  declaring  that  acts  of  Parlia 
ment  shall  extend  to  Wales,  though  not  particularly  named,  shall 
make  it  so,  which  I  conceive  it  does  not,  in  the  sense  you  intend. 

Thus,  I  think,  I  have  made  it  appear  that  the  plantations,  though 
not  strictly  within  the  realm,  have,  from  the  beginning,  been  con 
stitutionally  subject  to  the  supreme  authority  of  the  realm,  and  are 
so  far  annexed  to  it,  as  to  be,  with  the  realm  and  the  other  de 
pendencies  upon  it,  one  entire  dominion  ;  and  that  the  plantation, 
or  colony  of  Massachusetts  Bay  in  particular,  is  holden  as  feuda 
tory  of  the  imperial  Crown  of  England.  Deem  it  to  be  no  part  of 
the  realm,  it  is  immaterial ;  for,  to  use  the  words  of  a  very  great 
authority  in  a  case,  in  some  respects  analogous,  "  being  feuda 
tory,  the  conclusion  necessarily  follows,  that  it  is  under  the  govern 
ment  of  the  King's  laws  and  the  King's  courts,  in  cases  proper  for 
them  to  interpose,  though  (like  Counties  Palatine)  it  has  peculiar 
laws  and  customs,  jura  regalia,  and  complete  jurisdiction  at 
home." 

Your  remark  upon,  and  construction  of  the  words,  not  repug 
nant  to  the  laws  of  England,  are  much  the  same  with  those  of  the 
Council  5  but,  can  any  reason  be  assigned,  why  the  laws  of  Eng 
land,  as  they  stood  just  at  that  period,  should  be  pitched  upon  as 
the  standard,  more  than  at  any  other  period  ?  If  so,  why  was  it 
not  recurred  to,  when  the  second  charter  was  granted,  more  than 
sixty  years  after  the  first  ?  It  is  not  improbable,  that  the  original 
intention  might  be  a  repugnancy  in  general,  and  a  fortiori,  such 
laws  as  were  made  more  immediately  to  respect  us,  but  the  sta 
tute  of  7th  and  8th  of  King  William  and  Queen  Mary,  soon  after 
the  second  charter,  favors  the  latter  construction  only  ;  and  the 
province  agent,  Mr.  Dummer,  in  his  much  applauded  defence  of 
the  charter,  says,  that,  then  a  law  in  the  plantations  may  be  said 
to  be  repugnant  to  a  law  made  in  Great  Britain,  when  it  flatly  con 
tradicts  it,  so  far,  as  the  law  made  there,  mentions  and  relates  to 
the  plantations.  But,  gentlemen,  there  is  another  clause,  both  in 
the  first  and  second  charter,  which,  I  think,  will  serve  to  explain 
this,  or  to  render  all  dispute  upon  the  construction  of  it  unneces 
sary.  You  are  enabled  to  impose  such  oaths  only,  as  are  warrant 
able  by,  or  not  repugnant  to  the  laws  and  statutes  of  the  realm. 
I  believe  you  will  not  contend,  that  these  clauses  must  mean  such 
oaths  only,  as  were  warrantable  at  the  respective  times  when  the 
charters  were  granted.  It  has  often  been  found  necessary,  since 
the  date  of  the  charters^  to  alter  the  forms  of  the  oaths  to  the  gov- 


376  MASSACHUSETTS  STATE  PAPERS. 

eminent  by  acts  of  Parliament,  and  such  alterations  have  always 
been  conformed  to  in  the  plantations. 

Lest  you  should  think  that  I  admit  the  authority  of  King  Charles 
the  II.  in  giving  his  assent  to  an  act  of  the  Assembly  of  Virginia, 
which  you  subjoin  to  the  authorities  of  James  the  I.  and  Charles 
the  I.  to  have  any  weight,  I  must  observe  to  you,  that  I  do  not  see 
any  greater  inconsistency  with  Magna  Charta,  in  the  King's  giving 
his  assent  to  an  act  of  a  subordinate  Legislature  immediately,  or 
in  person,  than  when  he  does  it  mediately  by  his  Governor  or  Sub 
stitute;  but,  if  it  could  be  admitted,  that  such  an  assent  discovered 
the  King's  judgment  that  Virginia  was  independent,  would  you 
lay  any  stress  upon  it,  when  the  same  King  was,  from  time  to  time, 
giving  his  assent  to  acts  of  Parliament,  which  inferred  the  depemi- 
ence  of  all  the  colonies,  and  had  by  one  of  those  acts,  declared  the 
plantations  to  be  inhabited  and  peopled  by  his  Majesty's  subjects 
of  England  ? 

1  gave  you  no  reason  to  remark  upon  the  absurdity  of  a  grant  to 
persons  born  within  the  realm,  of  the  same  liberties  which  would 
have  belonged  to  them,  if  they  had  been  born  within  the  realm  5 
but  rather  guarded  against  it,  by  considering  such  grant  as  declar 
atory  only,  and  in  the  nature  of  an  assurance,  that  the  plantations 
would  be  considered  as  the  dominions  of  England.  But  is  there 
no  absurdity  in  a  grant  from  the  King  of  England,  of  the  liberties 
and  immunities  of  Englishmen  to  persons  born  in,  and  who  are  to 
inhabit  other  territories  than  the  dominions  of  England  ;  and  would 
such  grant,  whether  by  charter,  or  other  letters  patent,  be  sufficient 
to  make  them  inheritable,  or  to  entitle  them  to  the  other  liberties 
and  immunities  of  Englishmen,  in  any  part  of  the  English  domin 
ions  ? 

As  I  am  willing  to  rest  the  point  between  us,  upon  the  planta 
tions  having  been,  from  their  first  discovery  and  settlement  under 
the  Crown,  a  part  of  the  dominions  of  England,  I  shall  not  take  up 
any  time  in  remarking  upon  your  arguments,  to  show,  that  since 
that  time,  they  cannot  have  been  made  a  part  of  those  dominions. 

The  remaining  parts  of  your  answer,  are  principally  intended  to 
prove,  that  under  both  charters,  it  hath  been  the  sense  of  the  peo 
ple,  that  they  were  riot  subject  to  the  jurisdiction  of  Parliament, 
and,  for  this  purpose,  you  have  made  large  extracts  from  the  history 
of  the  colony.  Whilst  you  are  doing  honor  to  the  book,  by  laying 
any  stress  upon  its  authority,  it  would  have  been  no  more  than 
justice  to  the  author,  if  you  had  cited  some  other  passages,"  which 
would  have  tended  to  reconcile  the  passage  in  my  speech,  to  the 
history.  I  have  said,  that  except  about  the  time  of  the  anarchy, 
which  preceded  the  restoration  of  King  Charles  the  II.  I  have  not 
discovered  that  the  authority  of  Parliament  had  been  called  in 
question,  even  by  particular  persons.  It  was,  as  I  take  it,  from 
the  principles  imbibed  in  those  times  of  anarchy,  that  the  persons 
of  influence,  mentioned  in,  the  history,  disputed  the  authority  of 


MASSACHUSETTS    STATE    PAPERS.  377 

Parliament,  but  the  government  would  not  venture  to  dispute  it. 
On  the  contrary,  in  four  or  five  years  after  the  restoration,  the 
government  declared  to  the  King's  commissioners,  that  the  act  of 
navigation  had  been  for  some  years  observed  here,  that  they  knew 
not  of  its  being  greatly  violated,  and  that  such  laws  as  appeared 
to  be  against  it,  were  repealed.  It  is  not  strange,  that  these  per 
sons  of  influence,  should  prevail  upon  a  great  part  of  the  people  to 
fall  in,  for  a  time,  with  their  opinions,  and  to  suppose  acts  of  the 
colony  necessary  to  give  force  to  acts  of  Parliament.  The  govern 
ment,  however,  several  years  before  the  charter  was  vacated,  more 
explicitly  acknowledged  the  authority  of  Parliament,  and  voted 
that  their  Governor  should  take  the  oath  required  of  him,  faith 
fully  to  do,  and  perform  all  matters  and  things,  enjoined  him  by 
the  acts  of  trade.  I  have  not  recited  in  my  speech,  all  these  par 
ticulars,  nor  had  I  them  all  in  my  mind  ;  but,  I  think,  I  have  said 
nothing  inconsistent  with  them.  My  principles  in  government,  are 
still  the  same,  with  what  they  appear  to  be  in  the  book,  you  refer 
to  ;  nor  am  I  conscious,  that  by  any  part  of  my  conduct,  I  have 
given  cause  to  suggest  the  contrary. 

Inasmuch,  as  you  say,  that  I  have  not  particularly  pointed  out 
to  you  the  acts  and  doings  of  the  General  Assembly,  which  relate 
to  acts  of  Parliament ;  I  will  do  it  now,  and  demonstrate  to  you, 
that  such  acts  have  been  acknowledged  by  the  Assembly,  or  sub 
mitted  to  by  the  people. 

From  your  predecessors  removal  to  America,  until  the  year  1640, 
there  was  no  session  of  Parliament:  and  the  first  short  session,  of 
a  few  days  only,  in  1640,  and  the  whole  of  the  next  session,  un 
til  the  withdraw  of  the  King,  being  taken  up  in  the  disputes 
between  the  King  and  the  Parliament,  there  could  be  no  room  for 
plantation  affairs.  Soon  after  the  King's  withdraw,  the  House  of 
Commons  passed  the  memorable  order  of  1642;  and,  from  that 
time  to  the  restoration,  this  plantation  seems  to  have  been  distin 
guished  from  the  rest ;  and  the  several  acts  and  ordinances,  which 
respected  the  other  plantations,  were  never  enforced  here ;  and, 
possibly,  under  color  of  the  exemption,  in  1642,  it  might  not  be 
intended  they  should  be  executed. 

For  fifteen  or  sixteen  years  after  the  restoration,  there  was  no 
officer  of  the  customs  in  the  colony,  except  the  Governor,  annually 
elected  by  the  people,  and  the  acts  of  trade  were  but  little  regard 
ed  ;  nor  did  the  Governor  take  the  oath  required  of  Governors,  by 
the  act  of  the  12th  of  King  Charles  the  II.  until  the  time  which  I 
have  mentioned.  Upon  the  revolution,  the  force  of  an  act  of  Par 
liament  was  evident,  in  a  case  of  as  great  importance,  as  any  which 
could  happen  to  the  colony.  King  William  and  Queen  Mary  were 
proclaimed  in  the  colony,  King  and  Queen  of  England,  France, 
and  Ireland,  and  the  dominions  thereunto  belonging,  in  the  room 
of  King  James ;  and  this,  not  by  virtue  of  an  act  of  the  colony,  for 
no  such  act  ever  passed,  but  by  force  of  an  act  of  Parliament,  which 
48 


378  MASSACHUSETTS    STATE    PAPERS. 

altered  the  succession  to  the  Crown,  and  for  which,  the  people 
waited  several  weeks,  with  anxious  concern.  By  force  of  another 
act  of  Parliament,  and  that  only,  such  officers  of  the  colony  as  had 
taken  the  oaths  of  allegiance  to  King  James,  deemed  themselves 
at  liberty  to  take,  and  accordingly  did  take,  the  oaths  to  King 
William  and  Queen  Mary.  And  that  I  may  mention  other  acts 
of  the  like  nature  together,  it  is  by  force  of  an  act  of  Parliament, 
that  the  illustrious  house  of  Hanover  succeeded  to  the  throne  of 
Britain  and  its  dominions,  and  by  several  other  acts,  the  forms  of 
the  oaths  have,  from  time  to  time,  been  altered ;  and,  by  a  late 
act,  that  form  was  established  which  every  one  of  us  has  com 
plied  with,  as  the  charter,  in  express  words,  requires,  and  makes 
our  duty.  Shall  we  now  dispute,  whether  acts  of  Parliament  have 
been  submitted  to,  when  we  find  them  submitted  to,  in  points  which 
are  of  the  very  essence  of  our  constitution  ?  If  you  should  disown 
that  authority,  which  has  power  even  to  change  the  succession  to 
the  Crown,  are  you  in  no  danger  of  denying  the  authority  of  our 
most  gracious  Sovereign,  which  I  am  sure  none  of  you  can  have  in. 
your  thoughts  ? 

I  think  I  have  before  shewn  you,  gentlemen,  what  must  have 
been  the  sense  of  our  predecessors,  at  the  time  of  the  first  charter ; 
let  us  now,  whilst  we  are  upon  the  acts  and  doings  of  the  Assem 
bly,  consider  what  it  must  have  been  at  the  time  of  the  second 
charter.  Upon  the  first  advice  of  the  revolution,  in  England,  the 
authority  which  assumed  the  government,  instructed  their  agents 
to  petition  Parliament  to  restore  the  first  charter,  and  a  bill  for 
that  purpose,  passed  the  House  of  Commons,  but  went  no  fur 
ther.  Was  not  this  owning  the  authority  of  Parliament  ?  By  an 
act  of  Parliament,  passed  in  the  first  year  of  King  William  and 
Queen  Mary,  a  form  of  oaths  was  established,  to  be  taken  by  those 
Princes,  and  by  all  succeeding  Kings  and  Queens  of  England,  at 
their  coronation  ;  the  first  of  which  is,  that  they  will  govern  the 
people  of  the  kingdom,  and  the  dominions  thereunto  belonging, 
according  to  the  statutes  in  Parliament  agreed  on,  and  the  laws 
and  customs  of  the  same.  When  the  colony  directed  their  agents 
to  make  their  humble  application  to  King  William,  to  grant  the 
second  charter,  they  could  have  no  other  pretence,  than,  as  they 
were  inhabitants  of  part  of  the  dominions  of  England  ;  and  they 
also  knew  the  oath  the  King  had  taken,  to  govern  them  according 
to  the  statutes  in  Parliament.  Surely,  then,  at  the  time  of  this 
charter,  also,  it  was  the  sense  of  our  predecessors,  as  well  as  of 
the  King  and  of  the  nation,  that  there  was,  and  would  remain,  a 
supremacy  in  the  Parliament.  About  the  same  time,  they  ac 
knowledge,  in  an  address  to  the  King,  that  they  have  no  power  to 
make  laws  repugnant  to  the  laws  of  England.  An/1?  immediately 
after  the  assumption  of  the  powers  of  government,  by  virtue  of  the 
new  charter,  an  act  was  passed  to  revive,  for  a  limited  time,  all 
the  local  laws  of  the  colonies  of  Massachusetts  Bay  and  New  Ply- 


MASSACHUSETTS    STATE    PAPERS.  379 

mouth,  respectively,  not  repugnant  to  the  laws  of  England.  And, 
at  the  same  session,  an  act  passsed,  establishing  naval  officers,  in 
several  ports  of  the  province,  for  which,  this  reason  is  given ;  that 
all  undue  trading,  contrary  to  an  act  of  Parliament,  made  in  the 
15th  year  of  King  Charles  the  II.  may  be  prevented  in  this,  their 
Majesty's  province.  The  act  of  this  province,  passed  so  long  ago 
as  the  second  year  of  King  George  the  I.  for  stating  the  fees  of 
the  custom  house  officers,  must  have  relation  to  the  acts  of  Par 
liament,  by  which  they  are  constituted ;  and  the  provision  made  in 
that  act  of  the  province,  for  extending;  the  port  of  Boston  to  all  the 
roads,  as  far  as  Cape  Cod,  could  be  for  no  other  purpose,  than  for 
the  more  effectual  carrying  the  acts  of  trade  into  execution.  And, 
to  come  nearer  to  the  present  time,  when  an  act  of  Parliament  had 
passed,  in  1771,  for  putting  an  end  to  certain  unwarrantable 
schemes,  in  this  province,  did  the  authority  of  government,  or 
those  persons  more  immediately  affected  by  it,  ever  dispute  the  va 
lidity  of  it  ?  On  the  contrary,  have  not  a  number  of  acts  been 
passed  in  the  province,  the  burdens  to  which  such  persons  were 
subjected,  might  be  equally  apportioned  ;  and  have  not  all  those 
acts  of  the  province  been  very  carefully  framed,  to  prevent  their 
militating  with  the  act  of  Parliament  ?  I  will  mention,  also,  an 
act  of  Parliament,  made  in  the  first  year  of  Queen  Anne,  although 
the  proceedings  upon  it,  more  immediately  respected  the  Council. 
By  this  act,  no  office,  civil  or  military,  shall  be  void,  by  the  death 
of  the  King,  but  shall  continue  six  months,  unless  suspended,  or 
made  void,  by  the  next  successor.  By  force  of  this  act,  Governor 
Dudley  continued  in  the  administration  six  months  from  the  de 
mise  of  Queen  Anne,  and  immediately  after,  the  Council  assumed 
the  administration,  and  continued  it,  until  a  proclamation  arrived 
from  King  George,  by  virtue  of  which,  Governor  Dudley  reassumed 
the  government.  It  would  be  tedious  to  enumerate  the  addresses, 
votes  and  messages,  of  both  the  Council  and  House  of  Represent 
atives,  to  the  same  purpose.  I  have  said  enough  to  shew  that  this 
government  has  submitted  to  Parliament,  from  a  conviction  of  its 
constitutional  supremacy,  and  this  not  from  inconsideration,  nor 
merely  from  reluctance  at  the  idea  of  contending  with  the  parent  state. 
If,  then,  I  have  made  it  appear,  that  both  by  the  first  and  second 
charters,  we  hold  our  lands,  and  the  authority  of  government,  not 
of  the  King,  but  of  the  Crown  of  England,  that  being  a  dominion 
of  the  Crown  of  England,  we  are  consequently  subject  to  the  su 
preme  authority  of  England.  That  this  hath  been  the  sense  of  this 
plantation,  except  in  those  few  years  when  the  principles  of  anar 
chy,  which  had  prevailed  in  the  kingdom,  had  not  lost  their  influ 
ence  here ;  and  if,  upon  a  review  of  your  principles,  they  shall 
appear  to  you  to  have  been  delusive  and  erroneous,  as  I  think 
they  must,  or,  if  you  shall  only  be  in  doubt  of  them,  you  certainly 
will  not  draw  that  conclusion,  which  otherwise  you  might  do,  and 
which  I  am  glad  you  have  hitherto  avoided ;  especially  when  you 


380  MASSACHUSETTS  STATE  PAPERS. 

consider  the  obvious  and  inevitable  distress  and  misery  of  inde 
pendence  upon  our  mother  country,  if  such  independence  could 
be  allowed  or  maintained,  and  the  probability  of  much  greater  dis 
tress,  which  we  are  not  able  to  foresee. 

You  ask  me,  if  we  have  not  reason  to  fear  we  shall  soon  be  re 
duced  to  a  worse  situation  than  that  of  the  colonies  of  France, 
Spain,  or  Holland.  '  I  may  safely  affirm  that  we  have  not  ;  that 
we  have  no  reason  to  fear  any  evils  from  a  submission  to  the  au 
thority  of  Parliament,  equal  to  what  we  must  feel  from  its  autho-  / 
rity  being  disputed,  from  an  uncertain  rule  of  law  and  government. 
For  more  than  seventy  years  together,  the  supremacy  of  Parlia 
ment  was  acknowledged,  without  complaints  of  grievance.  The 
effect  of  every  measure  cannot  be  foreseen  by  human  wisdom. 
What  can  be  expected  more,  from  any  authority,  than,  when  the 
unfitness  of  a  measure  is  discovered,  to  make  it  void  ?  When, 
upon  the  united  representations  and  complaints  of  the  American 
colonies,  any  acts  have  appeared  to  Parliament,  to  be  unsalutary, 
have  there  not  been  repeated  instances  of  the  repeal  of  such  acts  ? 
We  cannot  expect  these  instances  should  be  carried  so  far,  as  to  be 
equivalent  to  a  disavowal,  or  relinquishment  of  the  right  itself. 
Why,  then,  shall  we  fear  for  ourselves,  and  our  posterity,  greater 
rigor  of  government  for  seventy  years  to  come,  than  what  we, 
and  our  predecessors  have  felt,  in  the  seventy  years  past. 

You  must  give  me  leave,  gentlemen,  in  a  few  words,  to  vindicate 
myself  from  a  charge,  in  one  part  of  your  answer,  of  having,  by  my 
speech,  reduced  you  to  the  unhappy  alternative  of  appearing,  by 
your  silence,  to  acquiesce  in  my  sentiments,  or  of  freely  discussing 
this  point  of  the  supremacy  of  Parliament.  I  saw,  as  I  have  before 
observed,  the  capital  town  of  the  province,  without  being  reduced 
to  such  an  alternative,  voluntarily,  not  only  discussing  but  deter 
mining  this  point,  and  inviting  every  other  town  and  district  in 
the  province  to  do  the  like.  I  saw  that  many  of  the  principal  towns 
had  followed  the  example,  and  that  there  was  imminent  danger  ot 
a  compliance  in  most,  if  not  all  the  rest,  in  order  to  avoid  being 
distinguished.  Was  not  I  reduced  to  the  alternative  of  rendering 
myselt  justly  obnoxious  to  the  displeasure  of  my  Sovereign,  by  ac 
quiescing  in  such  irregularities,  or  of  calling  upon  you  to  join  with 
me  in  suppressing  them  ?  Might  I  not  rather  have  expected  from 
you  an  expression  of  your  concern,  that  any  persons  should  project 
and  prosecute  a  plan  of  measures,  which  would  lay  me  under  the 
necessity  of  bringing  this  point  before  you  ?  It  was  so  far  from  be 
ing  my  inclination,  that  nothing  short  of  a  sense  of  my  duty  to  the 
King,  and  the  obligations  I  am  under  to  consult  your  true  interest, 
could  have  compelled  me  to  it. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives^ 
We  all  profess  to  be  the  loyal  and  dutiful  subjects  of  the  King 


MASSACHUSETTS    STATE    PAPERS.  381 

of  Great  Britain.  His  Majesty  considers  the  British  empire  as 
one  entire  dominion,  subject  to  one  supreme  legislative  power  ;  a 
due  submission  to  which,  is  essential  to  the  maintenance  of  the 
fights,  liberties  and  privileges  of  the  several  parts  of  this  dominion. 
We  have  abundant  evidence  of  his  Majesty's  tender  and  impartial 
regard  to  the  rights  of  his  subjects  5  and  I  am  authorised  to  say, 
that  "  his  Majesty  will  most  graciously  approve  of  every  constitu 
tional  measure  that  may  contribute  to  the  peace,  the  happiness,  and 
prosperity  of  his  colony  of  Massachusetts  Bay,  and  which  may  have 
the  effect  to  shew  to  the  world,  that  he  has  no  wish  beyond  that 
of  reigning  in  the  hearts  and  affections  of  his  people." 

T.  HUTCHINSON. 


ANSWER 

OF  THE  COUNCIL  TO  THE  SPEECH  OF  GOVERNOR  HUTCHINSON, 
OF  FEBRUARY  SIXTEENTH FEBRUARY  25,  1773. 

May  it  please  your  Excellency,  ^ 

As  a  small  part  only  of  your  Excellency's  last  speech  to  both,  j 
Houses,  is  addressed  to  the  Board,  there  are  but  a  few  clauses  on 
which  we  shall  remark. 

With  regard  to  the  disorders  that  have  arisen,  your  Excellency 
and  the  Board,  have  assigned  different  causes.  The  cause  you 
are  pleased  to  assign,  together  with  the  disorders  themselves,  we 
suppose  to  be  effects,  arising  from  the  stamp  act,  and  certain  other 
acts  of  Parliament.  If  we  were  not  mistaken  in  this,  which  you 
do  not  assert,  it  so  far  seems  to  invalidate  what  is  said  in  your 
speech,  on  that  head. 

We  have  taken  notice  of  this  only,  because  it  stands  connected 
with  another  matter,  on  which  we  would  make  a  few  further  ob 
servations.  What  we  refer  to,  is  the  general  nature  of  supreme 
authority.  We  have  already  offered  reasons,  in  which  your  Ex 
cellency  seems  to  acquiesce,  to  shew  that,  though  the  term  su 
preme*  sometimes  carries  with  it  the  idea  of  unlimited  authority,  it 
cannot,  in  that  sense,  be  applied  to  that  which  is  human.  What 
is  usually  denominated  the  supreme  authority  of  a  nation,  must 
nevertheless  be  limited  in  its  acts  to  the  objects  that  are  properly 
or  constitutionally  cognizable  by  it.  To  illustrate  our  meaning, 
we  beg  leave  to  quote  a  passage  from  your  speech,  at  the  opening 
of  the  session,  where  your  Excellency  says,  "  so  much  of  the  spirit 
of  liberty  breathes  through  all  parts  of  the  English  constitution, 
that,  although  from  the  nature  of  government,  there  must  be  one 
supreme  authority  over  the  whole;  yet,  this  constitution  will  admit 


382  MASSACHUSETTS  STATE  PAPERS. 

I  of  subordinate  powers,  with  legislative  and  executive  authority, 
greater  or  less,  according  to  local  and  other  circumstances."  This 
is  very  true,  and  implies  that  the  legislative  and  executive  author 
ity  granted  to  the  subordinate  powers,  should  extend  and  operate, 
as  far  as  the  grant  allows ;  and  that,  if  it  does  not  exceed  the  lim 
its  prescribed  to  it,  and  no  forfeiture  be  incurred,  the  supreme 
power  has  no  rightful  authority  to  take  away  or  diminish  it,  or  to 
substitute  its  own  acts,  in  cases  wherein  the  acts  of  the  subordi 
nate  power  can,  according  to  its  constitution,  operate.  To  suppose 
the  contrary,  is  to  suppose,  that  it  has  no  property  in  the  privileges 
granted  to  it ;  for,  if  it  holds  them  at  the  will  of  the  supreme  power, 
which  it  must  do,  by  the  above  supposition,  it  can  have  no  property 
in  them.  Upon  which  principle,  which  involves  the  contradiction, 
that  what  is  granted,  is,  in  reality,  not  granted,  no  subordinate 
power  can  exist.  But,  as  in  fact,  the  two  powers  are  not 
incompatible,  and  do  subsist  together,  each  restraining  its  acts 
to  their  constitutional  objects,  can  we  not  from  hence,  see  how  the 
supreme  power  may  supervise,  regulate,  and  make  general  laws 
for  the  kingdom,  without  interfering  with  the  privileges  of  the  sub 
ordinate  powers  within  it  ?  And  also,  see  how  it  may  extend  its 
care  and  protection  to  its  colonies,  without  injuring  their  consti 
tutional  rights  ?  What  has  been  here  said,  concerning  supreme 
authority,  has  no  reference  to  the  manner  in  which  it  has  been,  in 
fact,  exercised  ;  but  is  wholly  confined  to  its  general  nature.  And, 
if  it  conveys  any  just  idea  of  it,  the  inferences  that  have  been,  at 
any  time,  deduced  from  it,  injurious  to  the  rights  of  the  colonists, 
are  not  well  founded  ;  and  have,  probably,  arisen  from  a  miscon 
ception  of  the  nature  of  that  authority. 

Your  Excellency  represents  us,  as  introducing  a  number  of  au 
thorities,  merely  to  shew,  that  "  all  taxes  upon  English  subjects, 
must  be  levied  by  virtue  of  the  act,  not  of  the  King  alone,  but  in 
conjunction  with  the  Lords  and  Commons;"  and,  are  pleased  to 
add,  that  "you  should  very  readily  have  allowed  it;  and  you 
should  as  readily  have  allowed,  that  all  other  acts  of  legislation, 
must  be  passed  by  the  same  joint  authority,  and  not  by  the  King 
alone."  Your  Excellency  "  would  have  saved  us  the  trouble  of  all 
those  authorities ;"  and,  on  our  part,  we  should  have  been  as  wil 
ling  to  have  saved  your  Excellency  the  trouble  of  dismembering 
our  argument,  and  from  thence,  taking  occasion  to  represent  it  in 
a  disadvantageous  light,  or  rather,  totally  destroying  it. 

Injustice  to  ourselves,  it  is  necessary  to  recapitulate  that  argu 
ment,  adduced  to  prove  the  inhabitants  of  this  province  are  not, 
constitutionally,  subject  to  Parliamentary  taxation.  In  order 
thereto,  we  recurred  to  Magna  Charta,  and  other  authorities. 
And  the  argument  abridged,  stands  thus :  that,  from  those  author 
ities,  it  appears  an  essential  part  of  the  English  constitution, 
"that  no  tallage, or  aid, or  tax,  shall  be  laid  or  levied,  without  the 
good  will  and  assent  of  the  freemen  of  the  commonalty  of  the 


MASSACHUSETTS    STATE    PAPERS.  383 

realm."  That,  from  common  law,  and  the  province  charter,  the 
inhabitants  of  this  province  are  clearly  entitled  to  all  the  rights  of 
free  and  natural  subjects,  within  the  realm.  That,  among  those 
rights,  must  be  included  the  essential  one  just  mentioned,  concern 
ing  aids  and  taxes ;  and  therefore,  that  no  aids  or  taxes  can  be 
levied  on  us,  constitutionally,  without  our  own  consent,  signified 
by  our  Representatives.  From  whence,  the  conclusion  is  clear, 
that  therefore,  the  inhabitants  of  this  province  are  not,  constitution 
ally,  subject  to  Parliamentary  taxation. 

We  did  not  bring  those  authorities  to  shew  the  tax  acts,  or  any 
other  acts  of  Parliament,  in  order  to  their  validity,  must  have  the 
concurrence  of  King,  Lords,  and  Commons  ;  but  to  shew,  that  it 
has  been,  at  least  from  the  time  of  Magna  Charta,  an  essential 
right  of  free  subjects  within  the  realm,  to  be  free  from  all  taxes,  but 
such  as  were  laid  with  their  own  consent.  And  it  was  proper  to 
shew  this,  as  the  rights  and  liberties,  granted  by  the  province  char 
ter,  were  to  be  equally  extensive,  to  all  intents  and  purposes,  with 
those  enjoyed  by  free  and  natural  subjects  within  the  realm. 
Therefore,  to  shew  our  own  right  in  relation  to  taxes,  it  was  neces 
sary  to  shew  the  rights  of  freemen  within  the  realm,  in  relation  to 
them ;  and  for  this  purpose,  those  authorities  were  brought,  and  not 
impertinently,  as  we  humbly  apprehend.  Nor  have  we  seen  rea 
son  to  change  our  sentiments  with  respect  to  this  matter,  or  any  I 
other  contained  in  our  answer  to  your  Excellency's  speech. 

In  the  last  clause  of  your  speech,  your  Excellency  informs  the 
two  Houses,  "  you  are  authorised  to  say,  that  his  Majesty  will 
most  graciously  approve  of  every  constitutional  measure,  that  may 
contribute  to  the  peace,  the  happiness  and  prosperity  of  his  colony 
of  Massachusetts  Bay."  We  have  the  highest  sense  of  his  Majes 
ty's  goodness  in  his  gracious  disposition  to  approve  of  such  mea 
sures,  which,  as  it  includes  his  approbation  of  the  constitutional 
rights  of  his  subjects  of  this  colony,  manifests  his  inclination  to 
protect  them  in  those  rights ;  and  to  remove  the  incroachments 
that  have  been  made  upon  them.  Of  this  act  of  royal  goodness, 
they  are  not  wholly  unworthy,  as  in  regard  to  loyalty,  duty,  and 
affection  to  his  Majesty,  they  stand  among  the  foremost  of  his  faith 
ful  subjects. 

[The  committee  who  prepared  this  answer,  were,  Mr.  Bowdoin, 
Col.  Otis,  Mr.  Dexter,  Col.  Ward,  and  Mr.  Spooner.] 


384:  MASSACHUSETTS   STATE    PAPERS, 


ANSWER 

OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  SPEECH  OF  THE 
GOVERNOR,  OF  FEBRUARY  SIXTEENTHS-MARCH  2, 1773. 

May  it  please  your  Excellency, 

(IN  your  speech,  at  the  opening  of  the  present  session, yoiu 
Excellency  expressed  your  displeasure,  at  some  late  proceedings 
of  the  town  of  Boston,  and  other  principal  towns  in  the  province. 
And,  in  another  speech  to  both  Houses,  we  have  your  repeated 
exceptions  at  the  same  proceedings,  as  being  "  unwarrantable," 
and  of  a  dangerous  nature  and  tendency  ;  "  against  which,  you 
thought  yourself  bound  to  call  upon  us  to  join  with  you  in  bearing 
a  proper  testimony."  This  House  have  not  discovered  any  prin 
ciples  advanced  by  the  town  of  Boston,  that  are  unwarrantable  by 
the  constitution  5  nor  does  it  appear  to  us,  that  they  have  "  invit 
ed  every  other  town  and  distrinct  in  the  province,  to  adopt  their 
principles."  We  are  fully  convinced,  that  it  is  our  duty  to  bear 
our  testimony  against  "  innovations,  of  a  dangerous  nature  and 
tendency  ;"  but,  it  is  clearly  our  opinion,  that  it  is  the  indisputa 
ble  right  of  all,  or  any  of  his  Majesty's  subjects,  in  this  province, 
regularly  and  orderly  to  meet  together,  to  state  the  grievances  they 
labor  under ;  and,  to  propose,  and  unite  in  such  constitutional 
measures,  as  they  shall  judge  necessary  or  proper,  to  obtain  re 
dress.  This  right  has  been  frequently  exercised  by  his  Majesty's 
subjects  within  the  realm  ;  and,  we  do  not  recollect  an  instance, 
since  the  happy  revolution,  when  the  two  Houses  of  Parliament 
have  been  called  upon  to  discountenance,  or  bear  their  testimony 
against  it,  in  a  speech  from  the  throneTV 

Your  Excellency  is  pleased  to  takebitice  of  some  things,  which 
we  "  allege,"  in  our  answer  to  your  first  speech  ;  and,  the  obser 
vation  you  make,  we  must  confess,  is  as  natural,  and  undeniably 
true,  as  any  one  that  could  have  been  made  ;  that,  "  if  our  founda 
tion  shall  fail  us  in  every  part  of  it,  the  fabric  we  have  raised  upon 
it,  must  certainly  fall."  You  think  this  foundation  will  fail  us  ; 
but,  we  wish  your  Excellency  had  condescended  to  a  considera 
tion  of  \vhat  we  have  "  adduced  in  support  of  our  principles." 
We  might  then,  perhaps,  have  had  some  things  offered  for  our  con 
viction,  more  than  bare  affirmations  ;  which,  we  must  beg  to  be 
excused,  if  we  say,  are  far  from  being  sufficient,  though  they  came 
with  your  Excellency's  authority,  for  which,  however,  we  have  a 
due  regard. 

Your  Excellency  says,  that,  "  as  English  subjects,  and  agreeable 
to  the  doctrine  of  the  feudal  tenure,  all  our  lands  are  held  medi 
ately,  or  immediately,  of  the  Crown."  We  trust,  your  Excellency 
does  not  mean  to  introduce  the  feudal  system  in  its  perfection  : 


MASSACHUSETTS    STATE    PAPERS.  385 

which,  to  use  the  words  of  one  of  our  greatest  historians,  was  "  a 
state  of  perpetual  war,  anarchy,  and  confusion,  calculated  solely  for 
defence  against  the  assaults  of  any  foreign  power  5  but,  in  its  provi 
sion  for  the  interior  order  and  tranquillity  of  society,  extremely  de 
fective.  A  constitution,  so  contradictory  to  all  the  principles  that 
govern  mankind,  could  never  be  brought  about,  but  by  foreign  con 
quest  or  native  usurpation."  And,  a  very  celebrated  writer  calls  it? 
"  that  most  iniquitous  and  absurd  form  of  government,  by  which 
human  nature  was  so  shamefully  degraded."  This  system  of  ini 
quity,  by  a  strange  kind  of  fatality,  "  though  originally  formed  for 
an  encampment,  and  for  military  purposes  only,  spread  over  a  great 
part  of  Europe  ;"  and,  to  serve  the  purposes  of  oppression  and  ty 
ranny,  "  was  adopted  by  princes,  and  wrought  into  their  civil  con 
stitutions  ;"  and,  aided  by  the  canon  law,  calculated  by  the  Roman 
Pontiff,  to  exalt  himself  above  all  that  is  called  God,  it  prevailed  to 
the  almost  utter  extinction  of  knowledge,  virtue,  religion,  and  lib 
erty  from  that  part  of  the  earth.  But,  from  the  time  of  the  reform 
ation,  in  proportion  as  knowledge,  which  then  darted  its  rays  upon 
the  benighted  world,  increased,  and  spread  among  the  people,  they 
grew  impatient  under  this  heavy  yoke  ;  and  the  most  virtuous  and 
sensible  among  them,  to  whose  steadfastness,  we,  in  this  distant  age 
and  climate,  are  greatly  indebted,  were  determined  to  get  rid  of  it ; 
and,  though  they  have  in  a  great  measure  subdued  its  power  and 
influence  in  England,  they  have  never  yet  totally  eradicated  its 
principles. 

Upon  these  principles,  the  King  claimed  an  abselute  right  to,  and 
a  perfect  estate  in,  all  the  lands  within  his  dominions  ;  but,  how  he 
came  by  this  absolute  right  and  perfect  estate,  is  a  mystery  which 
we  have  never  seen  unravelled,  nor  is  it  our  business  or  design,  at 
present,  to  inquire.  He  granted  parts  or  parcels  of  it  to  his  friends, 
the  great  men,  and  they  granted  lesser  parcels  to  their  tenants. 
All,  therefore,  derived  their  right  and  held  their  lands,  upon  these 
principles,  mediately  or  immediately  of  the  King  ;  which  Mr.  Black- 
stone,  however,  calls,  u  in  reality,  a  mere  fiction  of  our  English 
tenures." 

By  what  right,  in  nature  and  reason,  the  Christian  princes  in  Eu 
rope,  claimed  the  lands  of  heathen  people,  upon  a  discovery  made 
by  any  of  their  subjects,  is  equally  mysterious.  Such,  however,  was 
the  doctrine  universally  prevailing,  when  the  lands  in  America  were 
discovered ;  but,  as  the  people  of  England,  upon  those  principles, 
held  all  the  lands  they  possessed,  by  grants  from  the  King,  and  the 
King  had  never  granted  the  lands  in  America  to  them,  it  is  certain 
they  could  have  no  sort  of  claim  to  them.  Upon  the  principles  ad 
vanced,  the  lordship  and  dominion,  like  that  of  the  lands  in  England, 
was  in  the  King  solely  ;  and  a  right  from  thence  accrued  to  him,  of 
disposing  such  territories,  under  such  tenure,  and  for  such  services 
to  be  performed,  ajs  the  King  or  Lord  thought  proper.  Bat  bow 
49 


386  MASSACHUSETTS  STATE  PAPERS. 

the  grantees  became  subjects  of  England,  that  is,  the  supreme  au 
thority  of  the  Parliament,  your  Excellency  has  not  explained  to  us. 
We  conceive  that  upon  the  feudal  principles,  all  power  is  in  the 
King  ;  they  afford  us  no  idea  of  Parliament.  "  The  Lord  \vas  in 
early  times,  the  Legislator  and  Judge  over  all  his  feudatories,"  says 
Judge  Blackstone.  By  the  struggle  for  liberty  in  England,  from 
the  days  of  King  John,  to  the  last  happy  revolution,  the  constitu 
tion  has  been  gradually  changing  for  the  better  ;  and  upon  the  more 
rational  principles,  that  all  men.  by  nature,  are  in  a  state  of  equality 
in  respect  of  jurisdiction  and  dominion,  power  in  England  has  been, 
more  equally  divided.  And  thus,  also,  in  America,  though  we  hold 
our  lands  agreeably  to  the  feudal  principles  of  the  King  ;  yet  our 
predecessors  wisely  took  care  to  enter  into  compact  with  the  King, 
that  power  here  should  also  be  equally  divided,  agreeable  to  the 
original  fundamental  principles  of  the  English  constitution,  declared 
in  Magna  Charta,  and  other  laws  and  statutes  of  England,  made  to 
confirm  them. 

Your  Excellency  says,  "  you  can  by  no  means  concede  to  us  that 
it  is  now,  or  was,  when  the  plantations  were  first  granted,  the  pre 
rogative   of  the   Kings  of  England,  to  constitute  a  number  of  new 
governments,  altogether  independent  of  the   sovereign  authority  of 
the  English  empire."     By  the  feudal  principles,  upon  which  you  say 
"  all  the  grants  which  have  been  made  of  America,  are  founded,  the 
constitutions  of  the  Emperor,  have  the  force  of  law."     If  our  gov 
ernment  be  considered  as  merely  feudatory,  we  are  subject  to  the 
King's  absolute  will,  and  there  is  no  authority  of  Parliament,  as  the 
sovereign  authority  of  the  British  empire.     Upon  these  principles, 
what  could  hinder  the  King's  constituting  a  number  of  independent 
governments  in  America  ?    That  King  Charles  the  I.  did  actually 
set  up  a  government  in  this  colony,  conceding  to  it  powers  of  mak 
ing  and  executing  laws,  w  ithout  any  reservation  to  the  English  Par 
liament,  of  authority  to  make  future  laws  binding  therein,  is  a  fact 
which   your   Excellency  has  not  disproved,  if  you  have  denied  it. 
Nor  have  you  shewn  that  the   Parliament  or  nation  objected  to  it ; 
from  whence  we  have  inferred  that  it  was  an  acknowledged  right. 
And  we  cannot  conceive,  why  the  King  has  not  the  same  right  to 
alienate  and  dispose  of  countries  acquired  by  the  discovery  of  his 
subjects,  as  he  has  to  a  restore,  upon  a  treaty  of  peace,  countries 
which  have  been  acquired  in  war,"  carried  on  at  the  charge  of  the 
nation ;  or  to  a  sell  and  deliver  up  any  part  of  his  dominions  to  a 
foreign  Prince  or  state,  against  the  general  sense  of  the  nation  ;" 
which  is  u  an  act  of  power,"  or  prerogative,  which  your  Excellency 
allows.    You  tell  us,  that,  "  when  any  new  countries  are  discovered 
by  English  subjects,  according  to  the  general  law  and  usage  of  na 
tions,  they  become  part  of  the  state.     The  law  of  nations  is,  or 
ought  to  be,  founded  on  the  law  of  reason.     It  was  the  saying  of 
Sir  Edwin  Sandis?  in  the  great  case  of  the  union  of  the  realm  of 


MASSACHUSETTS    STATE    PAPERS.  387 

Scotland  with  England,  which  is  applicable  to  our  present  purpose, 
that  "  there  being  no  precedent  for  this  case  in  the  law,  the  law  is 
deficient ;  and  the  law  being  deficient,  recourse  is  to  be  had  to  cus 
tom  ;  and  custom  being  insufficient,  we  must  recur  to  natural  rea 
son  ;"  the  greatest  of  all  authorities,  which,  he  adds,  "  is  the  law  of 
nations."  The  opinions,  therefore,  and  determinations  of  the  great 
est  Sages  and  Judges  of  the  law  in  the  Exchequer  Chamber,  ought  not 
to  be  considered  as  decisive  or  binding,  in  our  present  controversy 
with  your  Excellency,  any  further,  than  they  are  consonant  to  natu 
ral  reason.  If,  however,  we  were  to  recur  to  such  opinions  and 
determinations,  we  should  find  very  great  authorities  in  our  favor, 
to  show,  that  the  statutes  of  England  are  not  binding  on  those  who 
are  not  represented  in  Parliament  there.  The  opinion  of  Lord 
Coke,  that  Ireland  was  bound  by  statutes  of  England,  wherein  they 
were  named,  if  compared  with  his  other  writings,  appears  manifestly 
to  be  grounded  upon  a  supposition,  that  Ireland  had,  by  an  act  of 
their  own,  in  the  reign  of  King  John,  consented  to  be  thus  bound  ; 
and,  upon  any  other  supposition,  this  opinion  would  be  against  rea 
son  ;  for  consent  only  gives  human  laws  their  force.  We  beg  leave, 
upon  what  your  Excellency  has  observed  of  the  colony  becoming  a 
part  of  the  state,  to  subjoin  the  opinions  of  several  learned  civilians, 
as  quoted  by  a  very  able  lawyer  in  this  country.  a  Colonies,"  says 
Puifendorf,  "  are  settled  in  different  methods  ;  for,  either  the 
colony  continues  a  part  of  the  Commonwealth  it  was  set  out  from, 
or  else  is  obliged  to  pay  a  dutiful  regard  to  the  mother  Common 
wealth,  and  to  be  in  readiness  to  defend  and  vindicate  its  honor, 
and  so  is  united  by  a  sort  of  unequal  confederacy  ;  or,  lastly,  is 
erected  into  a  separate  Commonwealth,  and  assumes  the  same 
rights,  with  the  state  it  descended  from."  And,  King  Tullius,  as 
quoted  by  the  same  learned  author,  from  Grotius,  says,  u  we  look 
upon  it  to  be  neither  truth  nor  justice,  that  mother  cities,  ought,  of 
necessity,  and  by  the  law  of  nature,  to  rule  over  the  colonies." 

Your  Excellency  has  misinterpreted  what  we  have  said,  u  that  no 
country,  by  the  common  law,  was  subject  to  the  laws  or  the  Parlia 
ment,  but  the  realm  of  England  ;"  and,  are  pleased  to  tell  us,  u  that 
we  have  expressed  ourselves  incautiously."  We  beg  leave  to  re 
cite  the  words  of  the  Judges  of  England,  in  the  before  mentioned 
case,  to  our  purpose.  "  If  a  King  go- out  of  England  with  a  com 
pany  of  his  servants,  allegiance  remaineth  among  his  subjects  and 
servants,  although  he  be  out  of  his  realm,  whereto  his  laws  are  con 
fined."  We  did  not  mean  to  say,  as  your  Excellency  would  sup 
pose,  that  "  the  common  law  prescribes  limits  to  the  extent  of  the 
Legislative  power,"  though,  we  shall  always  affirm  it  to  be  true,  of 
the  law  of  reason  and  natural  equity.  Your  Excellency  thinks,  you 
have  made  it  appear,  that  the  "  colony  of  Massachusetts  Bay  is  hold- 
en  as  feudatory  of  the  imperial  Crown  of  England  ;"  and,  therefore, 
you  say,  "  to  use  the  words  of  a  very  great  authority  in  a  case,  in, 


388  MASSACHUSETTS    STATE    PAPERS. 

some  respects  analogous  to  it,"  being  feudatory,  it  necessarily  fol 
lows,  that  **  it  is  under  the  government  of  the  King's  laws."  Your 
Excellency  has  not  named  this  authority ;  but,  we  conceive  his 
meaning  must  be,  that  being  feudatory,  it  is  under  the  government 
of  the  King's  laws  absolutely  ;  for,  as  we  have  before  said,  the  feu 
dal  system  admits  of  no  idea  of  the  authority  of  Parliament ;  and 
this  would  have  been  the  case  of  the  colony,  but  for  the  compact 
With  the  King  in  the  charter. 

Your  Excellency  says,  that  "  persons  thus  holding  under  the 
Crown  of  England,  remain,  or  become  subjects  of  England,"  by 
which,  we  suppose  your  Excellency  to  mean,  subject  to  the  supreme 
authority  of  Parliament,  "  to  all  intents  and  purposes,  as  fully,  as 
if  any  of  the  royal  manors,  &c.  within  the  realm,  had  been  granted 
to  them  upon  the  like  tenure."  We  apprehend,  with  submission, 
your  Excellency  is  mistaken  in  supposing  that  our  allegiance  is  due 
to  the  Crown  of  England.  Every  man  swears  allegiance  for  him 
self,  to  his  own  King,  in  his  natural  person.  u  Every  subject  is 
presumed  by  law  to  be  sworn  to  the  King,  which  is  to  his  natural 
person,"  says  Lord  Coke.  Rep.  on  Calvin's  case.  "  The  allegi 
ance  is  due  to  his  natural  body ;"  and,  he  says,  "  in  the  reign  of 
Edward  II.  the  Spencers,  the  father  and  the  son,  to  cover  the  trea 
son  hatched  in  their  hearts,  invented  this  damnable  and  damned 
opinion,  that  homage  and  oath  of  allegiance  was  more  by  reason  of 
the  King's  Crown,  that  is,  of  his  politic  capacity,  than  by  reason  of 
the  person  of  the  King  ;  upon  which  opinion,  they  inferred  execra 
ble  and  detestable  consequents."  The  Judges  of  England,  all  but 
one,  in  the  case  of  the  union  between  Scotland  and  England,  de 
clared,  that  "  allegiance  followeth  the  natural  person,  not  the  poli 
tic  ;"  and,  a  to  prove  the  allegiance  to  be  tied  to  the  body  natural 
of  the  King,  and  not  to  the  body  politic,  the  Lord  Coke  cited  the 
phrases  of  divers  statutes,  mentioning  our  natural  liege  Sovereign." 
If,  then,  the  homage  and  allegiance  is  not  to  the  body  politic  of  the 
King,  then  it  is  not  to  him  as  the  head,  or  any  part  of  that  Legisla 
tive  authority,  which  your  Excellency  says,  a  is  equally  extensive 
with  the  authority  of  the  Crown  throughout  every  part  of  the  do 
minion  ;"  and  your  Excellency's  observations  thereupon,  must  fail. 
The  same  Judges  mention  the  allegiance  of  a  subject  to  the  Kings 
of  England,  who  is  out  of  the  reach  and  extent  of  the  laws  of  Eng 
land,  which  is  perfectly  reconcileable  with  the  principles  of  our  an 
cestors,  quoted  before  from  your  Excellency's  history,  but,  upon 
your  Excellency's  principles,  appears  to  us  to  be  an  absurdity.  The 
Judges,  speaking  of  a  subject,  say,  "  although  his  birth  was  out  of 
the  bounds  of  the  kingdom  of  England,  and  out  of  the  reach  and 
extent  of  the  laws  of  England,  yet,  if  it  were  within  the  allegiance 
of  the  King  of  England,  &c.  Normandy,  Aquitain,  Gascoign,  and 
other  places,  within  the  limits  of  France,  and,  consequently,  out  of 
the  realm  or  bounds  of  the  kingdom  of  England,  were  in  subjection 


MASSACHUSETTS    STATE   PAPERS.  389 

to  the  Kings  of  England."  And  the  Judges  say,  u  Rex  et  Regnum, 
be  not  so  relatives,  as  a  King  can  be  King  but  of  one  kingdom, 
which  clearly  holdeth  not,  but  that  his  kingly  power  extending  to 
divers  nations  and  kingdoms,  all  owe  him  equal  subjection,  and  are 
equally  born  to  the  benefit  of  his  protection  ;  and,  although  he  is  to 
govern  them  by  their  distinct  laws,  yet  any  one  of  the  people  com 
ing  into  the  other,  is  to  have  the  benefit  of  the  laws,  wheresoever 
he  cometh."  So  they  are  not  to  be  deemed  aliens,  as  your  Excel 
lency  in  your  speech  supposes,  in  any  of  the  dominions,  all  which 
accords  with  the  principles  our  ancestors  held.  "  And  he  is  to  bear 
the  burden  of  taxes  of  the  place  where  he  cometh,  but  living  in  one, 
or  for  his  livelihood  in  one,  he  is  not  be  taxed  in  the  other,  because 
laws  ordain  taxes,  impositions,  and  charges,  as  a  discipline  of  sub 
jection,  particularized  to  every  particular  nation."  Nothing,  we 
think,  can  be  more  clear  to  our  purpose  than  this  decision  of  Judges, 
perhaps  as  learned,  as  ever  adorned  the  English  nation,  or  in  favor 
of  America,  in  her  present  controversy  with  the  mother  state. 

Your  Excellency  says,  that,  by  a  our  not  distinguishing  between 
the  Crown  of  England,  and  the  Kings  and  Queens  of  England,  in 
their  personal  or  natural  capacities,  wre  have  been  led  into  a  funda 
mental  error."  Upon  this  very  distinction  we  have  availed  our 
selves.  We  have  said,  that  our  ancestors  considered  the  land,  which 
they  took  possession  of  in  America,  as  out  of  the  bounds  of  the 
kingdom  of  England,  and  out  of  the  reach  and  extent  of  the  laws  of 
England  ;  and,  that  the  King  also,  even  in  the  act  of  granting  the 
charter,  considered  the  territory  as  not  within  the  realm  ;  that  the 
King  had  an  absolute  right  in  himself  to  dispose  of  the  lands,  and 
that  this  was  not  disputed  by  the  nation  ;  nor  could  the  lands,  on 
any  solid  grounds,  be  claimed  by  the  nation  ;  and,  therefore,  our 
ancestors  received  the  lands,  by  grant,  from  the  King ;  and,  at  the 
same  time,  compacted  with  him,  and  promised  him  homage  and  al 
legiance,  not  in  his  public  or  politic,  but  natural  capacity  only.  If 
it  be  difficult  for  us  to  show  how  the  King  acquired  a  title  to  this 
country  in  his  natural  capacity,  or  separate  from  his  relation  to  his 
subjects,  which  we  confess,  yet  we  conceive,  it  will  be  equally 
difficult  for  your  Excellency  to  show  how  the  body  politic  and  nation 
of  England  acquired  it.  Our  ancestors  supposed  it  was  acquired  by 
neither  ;  and,  therefore,  they  declared,  as  we  have  before  quoted 
from  your  history,  that  saving  their  actual  purchase  from  the  natives, 
of  the  soil,  the  dominion,  the  lordship,  and  sovereignty,  they  had  in 
the  sight  of  God  and  man,  no  right  and  title  to  what  they  possessed. 
How  much  clearer  then,  in  natural  reason  and  equity,  must  our  title 
be,  who  hold  estates  dearly  purchased  at  the  expense  of  our  own, 
as  well  as  our  ancestors  labor,  and  defended  by  them  with  treasure 
and  blood. 

Your  Excellency  has  been  pleased  to  confirm,  rather  than  deny 
or  confute,  a  piece  of  history,  which,  you  say,  we  took  from  an  ano- 


390  MASSACHUSETTS  STATE  PAPERS. 

nymous  pamphlet,  and  by  which  you  "  fear  we  have  been  too  easily 
misled."  It  may  be  gathered  from  your  own  declaration,  and  other 
authorities,,  besides  the  anonymous  pamphlet,  that  the  House  of 
Commons  took  exception,  not  at  the  King's  having  made  an  abso 
lute  grant  of  the  territory,  but  at  the  claim  of  an  exclusive  right  to 
the  fishery  on  the  banks  and  sea  coast,  by  virtue  of  the  patent.  At 
this  you  say,  a  the  House  of  Commons  was  alarmed,  and  a  bill 
was  brought  in  for  allowing  a  free  fishery."  And,  upon  this  occa 
sion,  your  Excellency  allow  s,  that  u  one  of  the  Secretaries  of  State 
declared,  that  the  plantations  \vere  not  annexed  to  the  Crown,  and 
so  were  not  within  the  jurisdiction  of  Parliament."  If  we  should 
concede  to  what  your  Excellency  supposes  might  possibly,  or,  "  per 
haps,"  be  the  case,  that  the  Secretary  made  this  declaration,  u  as 
his  own  opinion,"  the  event  showed  that  it  was  the  opinion  of  the 
King  too  ;  for  it  is  not  to  be  accounted  for  upon  any  other  princi 
ple,  that  he  would  have  denied  his  royal  assent  to  a  bill,  formed  for 
no  other  purpose,  but  to  grant  his  subjects  in  England,  the  privilege 
of  fishing  on  the  sea  coasts  in  America.  The  account  published  by 
Sir  Ferdinando  Gorges  himself,  of  the  proceedings  of  Parliament  oif 
this  occasion,  your  Excellency  thinks,  will  remove  all  doub.t,  of  the 
sense  of  the  nation,  and  of  the  patentees  of  this  patent  or  charter, 
in  1620.  "  This  narrative,"  you  say,  "  has  all  the  appearance  of 
truth  and  sincerity,"  which  we  do  not  deny  ;  and,  to  us,  it  carries 
this  conviction  with  it,  that  a  what  was  objected"  in  Parliament, 
was  the  exclusive  claim  of  fishing  only.  His  imagining  that  he  had 
satisfied  the  House,  after  divers  attendances,  that  the  planting  a  col 
ony  was  of  much  more  consequence  than  a  simple  disorderly  course 
of  fishing,  is  sufficient  for  our  conviction.  We  know  that  the  na 
tion  was  at  that  time  alarmed  with  apprehensions  of  monopolies  ; 
and,  if  the  patent  of  New  England  was  presented  by  the  two  Houses 
as  a  grievance,  it  did  not  show,  as  your  Excellency  supposes,  "  the 
sense  they  then  had  of  their  authority  over  this  new  acquired  terri 
tory,"  but  only  their  sense  of  the  grievance  of  a  monopoly  of  the 
sea. 

We  are  happy  to  hear  your  Excellency  say,  that  "  our  remarks 
upon,  and  construction  of  the  words,  not  repugnant  to  the  laws  of 
England,  are  much  the  same  with  those  of  the  Council."  It  serves 
to  confirm  us  in  our  opinion,  in  what  we  take  to  be  the  most  im 
portant  matter  of  difference  between  your  Excellency  and  the  two 
Houses.  After  saying,  that  the  statute  of  7th  and  8th  of  William 
and  Mary  favors  the  construction  of  the  words,  as  intending  such 
laws  of  England  as  are  made  more  immediately  to  respect  us,  you 
tell  us,  that  u  the  province  Agent,  Mr.  Dummer,  in  his  much  ap 
plauded  defence,  says,  that,  then  a  law  of  the  plantations  may  be 
said  to  be  repugnant  to  a  law  made  in  Great  Britain,  when  it  flatly 
contradicts  it,  so  far  as  the  law  made  there,  mentions  and  relates  to 
the  plantations."  This  is  plain  and  obvious  to  common  sense,  and, 


MASSACHUSETTS  STATE  PAPERS.  391 

therefore,  cannot  be  denied.  But,  if  your  Excellency  would  read  a 
page  or  two  further  in  that  excellent  defence,  you  will  see  that  he 
mentions  this  as  the  sense  of  the  phrase,  as  taken  from  an  act  of 
Parliament,  rather  than  as  the  sense  he  would  choose  himself  to  put 
upon  it ;  and,  he  expressly  designs  to  show,  in  vindication  of  the 
charter,  that,  in  that  sense  of  the  words,  there  never  was  a  law  made 
in  the  plantations  repugnant  to  the  laws  of  Great  Britain.  He  gives 
another  construction,  much  more  likely  to  be  the  true  intent  of 
the  words,  namely,  "  that  the  patentees  shall  not  presume,  under 
color  of  their  particular  charters,  to  make  any  laws  inconsistent 
with  the  great  charter,  and  other  laws  of  England,  by  which  the 
lives,  liberties,  and  properties  of  Englishmen  are  secured."  This 
13  the  sense  in  which  our  ancestors  understood  the  words  ;  and., 
therefore,  they  are  unwilling  to  conform  to  the  acts  of  trade,  and 
disregarded  them  till  they  made  provision  to  give  them  force  in  the 
colony,  by  a  law  of  their  own  ;  saying,  that  "  the  laws  of  England 
did  not  reach  America ;  and  those  acts  were  an  invasion  of  their 
rights,  liberties,  and  properties,"  because  they  were  not  a  repre 
sented  in  Parliament."  The  right  of  being  governed  by  laws., 
which  were  made  by  persons,  in  whose  election  they  had  a  voice, 
they  looked  upon  as  the  foundation  of  English  liberties.  By  the 
compact  with  the  King,  in  the  charter,  they  were  to  be  as  free  in 
America,  as  they  would  have  been  if  they  had  remained  within  the 
realm  ;  and,  therefore,  they  freely  asserted,  that  they  "  were  to  be 
governed  by  laws  made  by  themselves,  and  by  officers  chosen  by 
themselves."  Mr.  Dummer  says,  "  it  seems  reasonable  enough 
to  think  that  the  Crown,"  and,  he  might  have  added,  our  ancestors, 
"  intended  by  this  injunction  to  provide  for  all  its  subjects,  that 
they  might  not  be  oppressed  by  arbitrary  power ;  but  being  still 
subjects,  they  should  be  protected  by  the  same  mild  laws,  and  en 
joy  the  same  happy  government,  as  if  they  continued  within  the 
realm."  And,  considering  the  words  of  the  charter  in  this  light,  he 
looks  upon  them  as  designed  to  be  a  fence  against  oppression  and 
despotic  power.  But  the  construction  which  your  Excellency  puts 
upon  the  words,  reduces  us  to  a  state  of  vassalage,  and  exposes  us 
to  oppression  and  despotic  power,  whenever  a  Parliament  shall  see 
fit  to  make  laws  for  that  purpose,  and  put  them  in  execution. 

We  natter  ourselves,  that,  from  the  large  extracts  we  have  made 
from  your  Excellency's  history  of  the  colony,  it  appears  evidently, 
that  under  both  charters,  it  hath  been  the  sense  of  the  people  and 
of  the  government,  that  they  were  not  under  the  jurisdiction  of 
Parliament.  We  pray  you  again  to  turn  to  those  quotations,  and 
our  observations  upon  them  ;  and  we  wish  to  have  your  Excellen 
cy's  judicious  remarks.  When  we  adduced  that  history,  to  prove 
that  the  sentiments  of  private  persons  of  influence,  four  or  five 
years  after  the  restoration,  were  very  different  from  what  your  Ex 
cellency  apprehended  them  to  be,  when  you  delivered  your  speech. 


MASSACHUSETTS  STATE  PAPERS. 

you  seem  to  concede  to  it,  by  telling  us,  "  it  was,  as  you  take  it- 
from  the  principles  imbibed  in  those  times  of  anarchy,  (preceding 
the  restoration,)  that  they  disputed  the  authority  of  Parliament ;" 
but,  you  add,  "  the  government  would  not  venture  to  dispute  it." 
We  find  in  the  same  history,  a  quotation  from  a  letter  of  Mr. 
Stoughton,  dated  seventeen  years  after  the  restoration,  mentioning 
"  the  country's  not  taking  notice  of  the  acts  of  navigation,  to  observe 
them."  And  it  was,  as  we  take  it,  after  that  time,  that  the  govern 
ment  declared,  in  a  letter  to  their  Agents,  that  they  had  not  sub 
mitted  to  them  ;  and  they  ventured  to  "  dispute"  the  jurisdiction, 
asserting,  that  they  apprehended  the  acts  to  be  an  invasion  of  the 
rights,  liberties,  and  properties  of  the  subjects  of  his  Majesty  in  the 
colony,  they  not  being  represented  in  Parliament,  and  that  "  the 
laws  of  England  did  not  reach  America."  It  very  little  avails  in 
proof,  that  they  conceded  to  the  supreme  authority  of  Parliament, 
their  telling  the  Commissioners,  "  that  the  act  of  navigation  had  for 
some  years  before,  been  observed  here ;  that  they  knew  not  of  its 
being  greatly  violated ;  and  that,  such  laws  as  appeared  to  be  against 
it,  were  repealed."  It  may  as  truly  be  said  now,  that  the  revenue 
acts  are  observed  by  some  of  the  people  of  this  province  ;  but  it 
cannot  be  said  that  the  government  and  people  of  this  province  have 
conceded,  that  the  Parliament  had  authority  to  make  such  acts  to 
be  observed  here.  Neither  does  their  declaration  to  the  Commis 
sioners,  that  such  laws  as  appeared  to  be  against  the  act  of  naviga 
tion,  were  repealed,  prove  their  concession  of  the  authority  of  Par 
liament,  by  any  means,  so  much  as  their  making  provision  for  giving 
force  to  an  act  of  Parliament  within  this  province,  by  a  deliberate 
and  solemn  act  or  law  of  their  own,  proves  the  contrary. 

You  tell  us,  that  u  the  government,  four  or  five  years  before  the 
charter  was  vacated,  more  explicitly,"  that  is,  than  by  a  conversation 
with  the  Commissioners,  "  acknowledged  the  authority  of  Parlia 
ment,  and  voted,  that  their  Governor  should  take  the  oath  required 
of  him,  faithfully  to  do  and  perform  all  matters  and  things  enjoined 
him  by  the  acts  of  trade."  But  does  this,  may  it  please  your  Ex 
cellency,  show  their  explicit  acknowledgment  of  the  authority  of 
Parliament  ?  Does  it  not  rather  show  directly  the  contrary  ?  For, 
what  could  there  be  for  their  vote,  or  authority,  to  require  him  to 
take  the  oath  already  required  of  him,  by  the  act  of  Parliament,  un 
less  both  he,  and  they,  judged  that  an  act  of  Parliament  was  not  of 
force  sufficient  to  bind  him  to  take  such  oath  ?  We  do  not  deny, 
but,  on  the  contrary,  are  fully  persuaded,  that  your  Excellency's 
principles  in  governments  are  still  of  the  same  with  what  they  ap 
pear  to  be  in  the  history ;  for,  you  there  say,  that  "  the  passing  this 
law,  plainly  shows  the  wrong  sense  they  had  of  the  relation  they 
stood  in  to  England."  But  we  are  from  hence  convinced,  that  your 
Excellency,  when  you  wrote  the  history,  was  of  our  mind  in  this 
respect,  that  our  ancestors,  in  passing  the  law,  discovered  their  opin- 


MASSACHUSETTS    STATE    PAPERS.  393 

ion,  that  they  were  without  the  jurisdiction  of  Parliament;  for  it 
was  upon  this  principle  alone,  they  shewed  the  wrong  sense  they 
had  in  your  Excellency's  opinion,  of  the  relation  they  stood  in  to 
England. 

Your  Excellency,  in  your  second  speech,  condescends  to  point 
out  to  us  the  acts  and  doings  of  the  General  Assembly,  which  re 
lates  to  acts  of  Parliament,  which,  you  think,  "  demonstrates  that 
they  have  been  acknowledged  by  the  Assembly,  or  submitted  to  by 
the  people  5"  neither  of  which,'  in  our  opinion,  shows  that  it  was 
the  sense  of  the  nation,  and  our  predecessors,  when  they  first  took 
possession  of  this  plantation,  or  colony,  by  a  grant  and  charter  from 
the  Crown,  that  they  were  to  remain  subject  to  the  supreme  au 
thority  of  the  English  Parliament. 

Your  Excellency  seems  chiefly  to  rely  upon  our  ancestors,  after 
the  revolution,  "proclaiming  King  William  and  Queen  Mary,  in  the 
room  of  King  James,"  and  taking  the  oaths  to  them,  "  the  altera 
tion  of  the  form  of  oaths,  from  time  to  time,"  and  finally,  "  the 
establishment  of  the  form,  which  every  one  of  us  has  complied 
with,  as  the  charter,  in  express  terms  requires,  and  makes  our  du 
ty."  We  do  not  know  that  it  has  ever  been  a  point  in  dispute, 
whether  the  Kings  of  England  were  ipso  facto  Kings  in,  and  over, 
this  colony,  or  province.  The  compact  was  made  between  King 
Charles  the  I.  his  heirs  and  successors,  and  the  Governor  and  com 
pany,  their  heirs  and  successors.  It  is  easy,  upon  this  principle, 
to  account  for  the  acknowledgment  of,  and  submission  to  King 
William  and  Queen  Mary,  as  successors  of  Charles  the  I.  in  the 
room  of  King  James  ;  besides,  it  is  to  be  considered,  th'dt  the  peo 
ple  in  the  colony,  as  well  as  in  England,  had  suffered  under  the 
tyrant  James,  by  which,  he  had  alike  forfeited  his  right  to  reign 
over  both.  There  had  been  a  revolution  here,  as  well  as  in  Eng 
land.  The  eyes  of  the  people  here,  were  upon  William  and  Mary; 
and  the  news  of  their  being  proclaimed  in  England,  was,  as  your 
Excellency's  history  tells  us,  "  the  most  joyful  news  ever  received 
in  New  England."  And,  if  they  were  not  proclaimed  here,  "  by 
virtue  of  an  act  of  the  colony,"  it  was,  as  we  think  may  be  con 
cluded  from  the  tenor  of  your  history,  with  the  general  or  univer 
sal  consent  of  the  people,  as  apparently,  as  if"  such  act  had  pass 
ed."  It  is  consent  alone,  that  makes  any  human  laws  binding; 
and  as  a  learned  author  observes,  a  purely  voluntary  submission 
to  an  act,  because  it  is  highly  in  our  favor  and  for  our  benefit,  is 
in  all  equity  and  justice,  to  be  deemed  as  not  at  all  proceeding 
from  the  right  we  include  in  the  Legislators,  that  they,  thereby  ob 
tain  an  authority  over  us,  and  that  ever  hereafter,  we  must  obey 
them  of  duty.  We  would  observe,  that  one  of  the  first  acts  of  the 
General  Assembly  of  this  province,  since  the  present  charter,  was 
an  act,  requiring  the  taking  the  baths  mentioned  in  an  act  of  Par 
liament,  to  which  you  refer  us.  For  what  purpose  was  this  act  of 
the  Assembly  passed,  if  it  was  the  sense  of  the  Legislators  that 
50 


394  MASSACHUSETTS    STATE    PAPERS. 

the  act  of  Parliament  was  in  force  in  the  province  ?  And,  at  the 
same  time,  another  act  was  made  for  the  establishment  of  other 
oaths  necessary  to  be  taken  5  both  which  acts  have  the  royal  sanc 
tion,  and  are  now  in  force.  Your  Excellency  says,  that  when  the 
colony  applied  to  King  William  for  a  second  charter,  they  knew 
the  oath  the  King  had  taken,  which  was  to  govern  them  according 
to  the  statutes  in  Parliament,  and  (which  your  Excellency  here 
omits,)  the  laws  and  customs  of  the  same.  By  the  laws  and  cus 
toms  of  Parliament,  the  people  of  England  freely  debate  and  con 
sent  to  such  statutes  as  are  made  by  themselves,  or  their  chosen 
Representatives.  This  is  a  law,  or  custom,  which  all  mankind  may 
justly  challenge  as  their  inherent  right.  According  to  this  law, 
the  King  has  an  undoubted  right  to  govern  us.  Your  Excellency, 
upon  recollection,  surely  will  not  infer  from  hence,  that  it  was  the 
sense  of  our  predecessors  that  there  was  to  remain  a  supremacy  in 
the  English  Parliament,  or  a  full  power  and  authority  to  make 
laws  binding  upon  us,  in  all  cases  whatever,  in  that  Parliament 
where  we  cannot  debate  and  deliberate  upon  the  necessity  or  ex 
pediency  of  any  law,  and,  consequently,  without  our  consent ;  and, 
as  it  may  probably  happen,  destructive  of  the  first  law  of  society, 
the  good  of  the  whole.  You  tell  us,  that  "  after  the  assumption 
of  all  the  powers  of  government,  by  virtue  of  the  new  charter,  au 
act  passed  for  the  reviving,  for  a  limited  time,  all  the  local  laws 
of  the  Massachusetts  Bay  and  New  Plymouth  respectively,  not 
repugnant  to  the  laws  of  England.  And,  at  the  same  session,  an 
act  passed  establishing  naval  officers,  that  all  undue  trading,  con 
trary  to  an  act  of  Parliament,  may  be  prevented."  Among  the 
acts  that  were  then  revived,  we  may  reasonably  suppose,  was  that, 
whereby  provision  was  made  to  give  force  to  this  act  of  Parliament, 
in  the  province.  The  establishment,  therefore,  of  the  naval  officers, 
was  to  aid  the  execution  of  an  act  of  Parliament,  for  the  observ 
ance  of  which,  within  the  colony,  the  Assembly  had  before  made 
provision,  after  free  debates,  with  their  own  consent,  and  by  their 
own  act. 

The  act  of  Parliament,  passed  in  1741,  for  putting  an  end  to 
several  unwarrantable  schemes,  mentioned  by  your  Excellency, 
was  designed  for  the  general  good  ;  and,  if  the  validity  of  it  was 
not  disputed,  it  cannot  be  urged  as  a  concession  of  the  supreme 
authority,  to  make  laws  binding  on  us  in  all  cases  whatever.  But, 
if  the  design  of  it  was  for  the  general  benefit  of  the  province,  it 
was,  in  one  respect,  at  least  greatly  complained  of,  by  the  persons 
more  immediately  affected  by  it;  and  to  remedy  the  inconvenience, 
'the  Legislative  of  this  province,  passed  an  act,  directly  militating 
with  it;  which  is  the  strongest  evidence,  that  although  they  may 
have  submitted,  sub  silentio,  to  some  acts  of  Parliament,  that  they 
conceived  might  operate  for  their  benefit,  they  did  not  conceive 
themselves  bound  by  any  of  its  acts,  which,  they  judged,  would 
operate  to  the  injury  even  of  individuals. 


MASSACHUSETTS    STATE    PAPERS.  395 

Your  Excellency  has  not  thought  proper,  to  attempt  to  confute 
the  reasoning  of  a  learned  writer  on  the  laws  of  nature  and  na 
tions,  quoted  by  us,  on  this  occasion,  to  shew  that  the  authority  of 
the  Legislature  does  not  extend  so  far  as  the  fundamentals  of  the 
constitution.  We  are  unhappy  in  not  having  your  remarks  upon 
the  reasoning  of  that  great  man  5  and,  until  it  is  confuted,  we  shall 
remain  of  the  opinion,  that  the  fundamentals  of  the  constitution 
being  excepted  from  the  commission  of  the  Legislators,  none  of 
the  acts  or  doings  of  the  General  Assembly,  however  deliberate 
and  solemn,  could  avail  to  change  them,  if  the  people  have  not,  in 
very  express  terms,  given  them  the  power  to  do  it ;  and,  that  much 
less  ought  their  acts  and  doings,  however  numerous,  which  barely 
refer  to  acts  of  Parliament  made  expressly  to  relate  to  us,  to  be 
taken  as  an  acknowledgment,  that  we  are  subject  to  the  supreme  -— •> 
authority  of  Parliament.  ^ 

We  shall  sum  up  our  own  sentiments  in  the  words  of  that  learn-  ' 
ed  writer,  Mr.  Hooker,  in  his  Ecclesiastical  Policy,  as  quoted  by 
Mr.  Locke.  "  The  lawful  power  of  making  laws  to  command  whole 
political  societies  of  men,  belonging  so  properly  to  the  same  en 
tire  societies,  that  for  any  prince  or  potentate  of  what  kind  soever, 
to  exercise  the  same  of  himself,  and  not  from  express  commission, 
immediately  and  personally  received  from  God,  is  no  better  than 
mere  tyranny.  Laws,  therefore,  they  are  not,  which  public  ap 
probation  hath  not  made  so  5  for  laws  human,  of  what  kind  soever, 
are  available  by  consent/'  "  Since  men,  naturally,  have  no  full 
and  perfect  power  to  command  whole  politic  multitudes  of  men, 
therefore,  utterly  without  our  consent,  we  could  in  such  sort,  be 
at  no  man's  commandment  living.  And  to  be  commanded,  we  do 
not  consent,  when  that  society,  whereof  we  be  a  party,  hath  at  any 
time  before  consented.51  We  think  your  Excellency  has  not  prov 
ed,  either  that  the  colony  is  a  part  of  the  politic  society  of  Eng 
land,  or  that  it  lias  ever  consented  that  the  Parliament  of  England 
or  Great  Britain,  should  make  laws  binding  upon  us,  in  all  cases, 
whether  made  expressly  to  refer  to  us  or  not. 

Wre  cannot  help,  before  we  conclude,  expressing  our  great 
concern,  that  your  Excellency  has  thus  repeatedly,  in  a  man 
ner,  insisted  upon  our  free  sentiments  on  matters  of  so  deli 
cate  a  nature  and  weighty  importance.  The  question  appears  to 
us,  to  be  no  other,  than,  whether  we  are  the  subjects  of  absolute  un 
limited  power,  or  of  a  free  government,  formed  on  the  principles 
of  the  English  constitution.  If  your  Excellency's  doctrine  be  true, 
the  people  of  this  province  hold  their  lands  of  the  Crown  and  peo 
ple  of  England  ;  and  their  lives,  liberties,  and  properties,  are  at 
their  disposal,  and  that,  even  by  compact  and  their  own  consent. 
They  were  subject  to  the  King  as  the  head  alterius  populi  of  ano 
ther  people,  in  whose  Legislative  they  have  no  voice  or  interest. 
They  are,  indeed,  said  to  have  a  constitution  and  a  Legislative  of 
their  own  5  but  your  Excellency  has  explained  it  into  a  mere  phan 


396  MASSACHUSETTS  STATE  PAPERS. 

torn  ;  limited,  controled,  superseded,  and  nullified,  at  the  will  of 
another.  Is  this  the  constitution  which  so  charmed  our  ancestors, 
that,  as  your 'Excellency  has  informed  us,  they  kept  a  day  of  so 
lemn  thanksgiving  to  Almighty  God  when  they  received  it  ?  And 
were  they  men  of  so  little  discernment,  such  children  in  under 
standing,  as  to  please  themselves  with  the  imagination,  that  they 
were  blessed  with  the  same  rights  and  liberties  which  natural  born 
subjects  in  England  enjoyed,  when,  at  the  same  time,  they  liad 
fully  consented  to  be  ruled  and  ordered  by  a  Legislative,  a  thou 
sand  leagues  distant  from  them,  which  cannot  be  supposed  to  be 
sufficiently  acquainted  with  their  circumstances,  if  concerned  for 
their  interest,  and  in  which,  they  cannot  be  in  any  sense  repre 
sented  P 

[The  committee  who  reported  the  above,  were,  Mr.  Gushing, 
(the  Speaker,)  Mr.  S.  Adams,  Mr.  Hancock,  Mr.  Phillips,  Maj. 
Foster,  Col.  Bowers,  Mr.  Hobson,  Col.  Thayer,  and  Mr.  DennyJ 


r 


RESOLUTIONS 

OF  THE  HOUSE  OF  REPRESENTATIVES,  RESEHCTING^THE  SALARIES  OF  THE 
JUSTICES  OF  THE  SUPERIOR  COURT,  MARCH  3,  1773. 


WHEREAS,  by  an  act  of  the  British  Parliament,  made  and 
passed  in  the  sixth  year  of  his  present  Majesty's  reign,  it  is  de 
clared,  that  the  King,  Lords,  and  Commons,  in  Parliament  assem 
bled,  have  ever  had,  and  of  right  ought  to  have,  full  power  and 
authority  to  make  laws  and  statutes,  of  sufficient  force  and  valid 
ity,  to  bind  the  colonies  and  people  of  America,  subjects  of  the 
Crown  of  Great  Britain,  in  all  cases  whatever  ;  and,  afterwards, 
the  same  Parliament  made  and  passed  an  act  for  levying  duties  in 
America,  with  the  express  purpose  of  raising  a  revenue,  and  to  en 
able  his  Majesty  to  appropriate  the  same  for  the  necessary  charges 
of  the  administration  of  justice,  and  the  support  of  civil  government 
in  such  colonies,  where  it  shall  be  judged  necessary,  and  towards 
further  defraying  the  expenses  of  defending,  protecting,  and  secur 
ing  said  dominions  :  And,  his  Majesty  has  been  pleased,  by  virtue 
of  the  last  mentioned  act,  to  appropriate  a  part  of  the  revenue, 
thus  raised,  against  the  consent  of  the  people,  in  providing  for  the 
support  of  the  Governor  of  the  province  ;  and  from  his  Excellen 
cy's  message,  of  the  4th  of  February,  we  cannot  but  conclude,  that 
provision  is  made  also  for  the  support  of  the  Judges  of  the  Superior 
Court  of  Judicature,  independent  of  the  grants  and  acts  of  the 
General  Assembly,  contrary  to  invariable  usage  of  this  province ; 
therefore, 


MASSACHUSETTS    STATE    PAPERS.  397 


Kesolved,  That  the  admitting  of  any  authority  to  make  laws, 
binding  on  the  people  of  this  province,  in  all  cases  whatever,  sav 
ing  the  General  Court  or  Assembly,  is  inconsistent  with  the  spirit 
of  our  free  constitution,  and  is  repugnant  to  one  of  the  most  essen 
tial  clauses  in  our  charter,  whereby  the  inhabitants  are  entitled  to 
all  the  liberties  of  free  and  natural  born  subjects,  to  all  intents, 
constructions,  and  purposes  whatever,  as  if  they  had  been  born 
within  the  realm  of  England.  It  reduces  the  people  to  the  abso 
lute  will  and  disposal  of  a  Legislature,  in  which  they  can  have  no 
voice,  and  who  may  make  it  their  interest  to  oppress  and  enslave 
them. 

Resolved,  That  by  the  royal  charter  aforesaid,  "  the  General 
Court  or  Assembly/ hath  full  power  and  authority  to  impose  and 
levy  proportionable  and  reasonable  assessments,  rates  and  taxes, 
upon  the  estates  and  persons,  of  all  and  every  the  proprietors  and 
inhabitants  of  the  province,  to  be  issued  and  disposed  of,  by  war 
rant,  under  the  hand  of  the  Governor,  with  the  advice  and  consent 
of  the  Council,  for  his  Majesty's  service,  in  the  necessary  defence 
ai.d  support  of  the  government  of  the  province,  and  the  protection 
and  preservation  of  the  inhabitants  there,  according  to  such  acts 
as  are,  or  shall  be,  in  force,  within  the  province."  And  the  mak 
ing  provision  for  the  support  of  the  Governor  and  Judges,  other 
wise  than  by  the  grants  and  acts  of  the  General  Court,  or  Assem 
bly,  is  a  violent  breach  of  the  most  important  clause  in  the  charter: 
the  support  of  government,  in  which  their  support  is  included,  be 
ing  one  of  the  principal  purposes,  for  which  the  clause  was  in 
serted. 

And,  whereas,  the  independence,  as  well  as  the  uprightness  of 
the  Judges  of  the  land,  is  essential  to  the  impartial  administration 
of  justice,  and  one  of  the  best  securities  of  the  rights,  liberty,  and 
property  of  the  people  ;  therefore, 

Resolved,  That  the  making  the  Judges  of  the  land  independent 
of  the  grants  of  the  people,  and  altogether  dependent  on  the 
Crown,  as  they  will  be,  if,  while  they  thus  hold  their  commissions 
during  pleasure,  they  accept  of  salaries  from  the  Crown,  is  un 
constitutional,  and  destructive  of  that  security,  which  every  good 
member  of  civil  society,  has  a  just  right  to  be  assured  of,  under  the 
due  execution  of  the  laws ;  and  is  directly  the  reverse  of  the  con 
stitution,  and  appointment  of  the  Judges  in  Great  Britain. 

Resolved,  That  the  -dependence  of  the  Judges  of  the  land  on  the 
Crown,  for  their  support,  tends,  at  all  times,  especially,  while  they 
hold  their  commissions  during  pleasure,  to  the  subversion  of  jus 
tice  and  equity,  and  to  introduce  oppression  and  despotic  power. 

Resolved,  As  the  opinion  of  this  House,  that  while  the  Justices 
of  the  Superior  Court  hold  their  commissions  during  pleasure,  any 
one  of  them  who  shall  accept  of,  and  depend  upon  the  pleasure  of 
the  Crown  for  his  support,  independent  of  the  grants  and  acts  of 
the  General  Assembly,  will  discover  to  the  world,  that  he  has  not 


398  MASSACHUSETTS   STATE    PAPERS. 

f*N 
a  due  sense  of  the  importance  of  an  impartial  administration  of 
justice,  that  he  is  an  enemy  to  the  constitution,  and  has  it  in  his 
heart  to  promote  the  establishment  of  an  arbitrary  government  in 
( the  province. 


LETTER 

FROM  THE  TWO  HOUSES  TO  LORD  DARTMOUTH,  JUNE  20,  1773. 

Province  of  Massachusetts  Bay,  June  29,  177 '3. 

31Y  LORD, 

THE  reestablishment  of  the  union  and  harmony,  which  for 
merly  subsisted  between  Great  Britain  and  her  colonies,  is  earn 
estly  to  be  wished  by  the  friends  of  both.  As  your  Lordship  is  one 
of  them,  the  two  Houses  of  the  Assembly  of  this  province,  beg 
leave  to  address  you.  The  original  causes  of  the  interruption  of 
that  union  and  harmony,  may  probably  be  found  in  the  letters  sent 
from  hence  to  administration,  and  to  other  gentlemen  of  influence 
in  Parliament,  since  the  appointment  of  Sir  Francis  Bernard  to 
the  government  of  this  province.  And  there  is  great  reason  to  ap 
prehend,  that  he  and  his  coadjutors,  originally  recommended  and 
laid  the  plans  for  establishing  the  American  revenue,  out  of  which, 
they  expected  large  stipends  and  appointments  for  themselves, 
and  which,  through  their  instrumentality,  has  been  the  occasion  of 
all  the  evils  which  have  since  taken  place.  When  we  had  hum 
bly  addressed  his  Majesty,  and  petitioned  both  Houses  of  Parlia 
ment,  representing  our  grievance,  and  praying  for  the  repeal  of 
the  revenue  acts,  the  like  instruments,  and  probably  the  same,  ex 
erted  themselves  to  prevent  those  petitions  being  laid  before  his 
Majesty  and  the  Parliament,  or  to  frustrate  the  prayer  of  them. 
Of  this,  we  have  just  had  some  new  and  unexpected  evidence, 
from  original  letters  of  Governor  Hutchinson  and  Lieutenant  Gov- 
ernor  Oliver;  in  which  the  former,  particularly  and  expressly,  by 
his  letter  of  the  10th  of  December,  1768,  endeavored,  in  coopera 
tion  with  Governor  Bernard,  to  frustrate  a  petition  of  a  number  of 
the  Council,  for  a  repealing  of  those  acts,  and  to  procure  his  Ma 
jesty's  censure  on  the  petitions  :  and  the  letters  of  the  latter,  by 
the  disadvantageous  idea  conveyed  by  them,  of  the  two  Houses  of 
Assembly,  manifestly  tended  to  create  a  prejudice  against  any  pe 
titions  coming  from  a  body  of  such  a  character.  And  his  letter  of 
the  llth  of  May,  1768,  in  particular,  mentions  the  petitions  of  the 
House  of  Representatives  to  his  Majesty,  and  their  letters  to  di 
vers  noble  Lords,  with  such  circumstances  as  had  a  tendency  to 
defeat  the  petition  and  render  the  letters  of  no  effect. 


MASSACHUSETTS  STATE  PAPERS.  399 

It  is  now  manifest,  my  Lord,  what  practices  and  arts  have  been 
used,  to  mislead  administration,  both  in  the  first  proposal  of  Amer 
ican  revenue  acts,  and  in  the  continuance  of  them.  But  when 
they  had  lost  their  force,  and  there  appeared,  under  the  influence 
of  your  Lordship,  a  disposition  in  Parliament  to  repeal  these  acts, 
his  Excellency  Governor  Hutchinson,  in  his  speech,  at  the  opening 
of  the  last  session  of  the  General  Court,  was  pleased  to  throw  out 
new  matter  for  contention  and  debate ;  and  to  call  on  the  two 
Houses,  in  such  a  manner,  as  amounted  to  little  short  of  a  challenge 
to  answer  him.  Into  such  a  dilemma  were  they  brought  by  the 
speech,  that  they  were  under  a  necessity  of  giving  such  answers  to 
it  as  they  did,  or  of  having  their  conduct  construed  into  an  acqui 
escence  with  the  doctrines  contained  in  it,  which  would  have  been 
an  implicit  acknowledgment,  that  the  province  was  in  a  state  of 
subjection,  differing  very  little  from  slavery.  The  answers  were 
the  effect  of  necessity ;  and  this  necessity  occasioned  great  grief 
to  the  two  Houses. 

The  people  of  this  province,  my  Lord,  are  true  and  faithful  sub 
jects  of  his  Majesty,  and  think  themselves  happy  in  their  connex 
ion  with  Great  Britain.  They  would  rejoice  at  the  restoration  oi: 
the  harmony  and  good  will  that  once  subsisted  between  the  parent 
state  and  them.  But  it  is  in  vain  to  expect  this  happiness,  during 
the  continuance  of  their  grievances,  and  while  their  charter  rights, 
one  after  another,  are  wrested  from  them.  Among  these  rights,  is 
the  supporting  of  the  officers  of  the  Crown,  by  grants  from  the 
Assembly ;  and  in  an  especial  manner,  the  supporting  of  the 
Judges  in  the  same  way,  on  whose  judgment  the  province  is  de 
pendent,  in  the  most  important  cases  of  life,  liberty  and  property. 
If  warrants  have  not  yet  been,  or  if  they  already  have  been  issued, 
we  earnestly  beg  the  favor  of  your  Lordship's  interposition  to  sup 
press,  or  recal  them. 

If  your  Lordship  should  condescend  to  ask,  what  are  the  mea 
sures  of  restoring  the  harmony  so  much  desired,  we  should  an 
swer,  in  a  word,  that  we  are  humbly  of  opinion,  if  things  were 
brought  to  the  general  state,  in  which  they  stood  at  the  conclusion 
of  the  late  war,  it  would  restore  the  happy  harmony,  which,  at  that 
time  subsisted.  Your  Lordship's  appointment  to  be  principal 
Secretary  of  State,  for  the  American  department,  has  given  the 
colonies  the  highest  satisfaction.  They  think  it  a  happy  omen  : 
and  that  it  will  be  productive  of  American  tranquillity,  consistent 
with  their  rights,  as  British  subjects.  The  two  Houses  humbly 
hope  for  your  Lordship's  influence  to  bring  about  such  a  happy 
event ;  and,  in  the  mean  time,  they  can,  with  full  confidence,  rely 
on  your  Lordship,  that  the  machinations  of  Sir  Francis  Bernard, 
and  other  known  enemies  of  the  peace  of  Great  Britain  and  her 
colonies,  will  not  be  suffered  to  prevent  or  delay  it. 

This  letter,  which  has  been  agreed  upon  by  both  Houses,  is,  in 
their  name,  and  by  their  order,  signed  and  transmitted  to  your 


400  MASSACHUSETTS  STATE  PAPERS. 

Lordship,  by,  my  Lord,  your  Lordship's  most  obedient  and  very 
humble  servant,  THOMAS  FLUCKER,  Secretary. 


[The  Governor's  speech,  at  the  opening  of  the  session,  on  the 
last  Wednesday  of  May,  1773,  related  entirely  to  the  settling  of 
the  boundary  line,  between  Massachusetts  and  New  York.  The 
Counsellors  chosen,  were  all  approved,  except  Jerathmeel  Bovvers^ 
William  Phillips,  and  John  Adams.] 


RESOLUTIONS. 

On  motion  of  Mr.  S.  Adams,  the  following  Resolutions  were 
adopted,  110  to  4,  May  28,  1773. 

WHEREAS  the  Speaker  hath  communicated  to  this  House,  a 
letter  from  the  truly  respectable  House  of  Burgesses,  in  his  Majes 
ty's  ancient  colony  of  Virginia,  enclosing  a  copy  of  the  resolves 
entered  into  by  them,  on  the  12th  of  March  last,  and  requesting 
that  a  committee  of  this  House  may  be  appointed,  to  communi 
cate,  from  time  to  time,  with  a  corresponding  committee,  then  ap 
pointed  by  the  said  House  of  Burgesses,  in  Virginia : 

And,  whereas  this  House  is  fully  sensible  of  the  necessity  and 
importance  of  a  union  of  the  several  colonies  in  America,  at  a  time 
when  it  clearly  appears,  that  the  rights  and  liberties  c!L?[j_a£^J^Sk" 
tematically  invaded  ;  in  order  that  the  joint  wisdom  oTtfre  "wnole. 
TSe'e mp  1  oy  ecTi n  consulting  their  common  safety  : 
esolved,  That  this  House  have  a  very  grateful  sense  of  the  ob 
ligations  they  are  under  to  the  House  of  Burgesses,  in  Virginia,  for 
the  vigilance,  firmness  and  wisdom,  which  they  have  discovered, 
at  all  times,  in  support  of  the  rights  and  liberties  ot  the  American 
colonies  ;  and  do  heartily  concur  with  them  in  their  said  judicious 
and  spirited  resolves. 

Resolved,  Xbal^a^standing^  committee  of  correspondence.  a»d 
inqijiryTJjfi^ap^oj^eJrito  consist  of  fifteen  Members,  any  eight  of 
whom,  to  be  a  quorum;  whose  business  it  shall  be,  to  obtain  the 
most  early  and  authentic  intelligence,  of  all  such  acts  and  resolu 
tions  of  the  British  Parliament,  or  proceedings  of  administrations 
as  may  relate  to,  or  affect  the  British  colonies  in  America  5  and  to 
keep  up,  and  maintain,  a  correspondence  and  communication  with 
our  sister  colonies,  respecting  these  important  considerations  :  and 
the  result  of  such  their  proceedings,  from  time  to  time,  to  lay  be 
fore  the  House. 


MASSACHUSETTS    STATE    PAPERS.  401 

Resolved,  That  it  be  an  instruction  to  the  said  committee,  that 
they  do,  without  delay,  inform  themselves  particularly  of  the  prin 
ciples  and  authority,  on  which  was  constituted  a  court  of  inquiry, 
held  in  Rhode  Island  ;  said  to  be  vested  with  powers  to  transport 
persons  accused  of  offences,  committed  in  America,  to  places  be 
yond  the  seas,  to  be  tried.* 

Resolved,  That  the  said  committee  be  further  instructed  to  pre 
pare  and  report  to  this  House,  a  draft  of  a  very  respectful  answer 
to  the  letter,  received  from  the  Speaker  of  the  honorable  House  of 
Burgesses,  of  Virginia ;  and  another,  to  a  letter  received  from  the 
Speaker  of  the  honorable  House  of  Representatives,  of  the  colony 
of  Rhode  Island  ;  also,  a  circular  letter  to  the  Speakers  of  the  sev 
eral  other  Houses  of  Assembly,  on  this  continent ;  enclosing  the 
aforesaid  resolves,  and  requesting  them  to  lay  the  same  before 
their  respective  Assemblies,  in  confidence,  that  they  will  readily 
and  cheerfully  comply  with  the  wise  and  salutary  resolves  of  the 
House  of  Burgesses,  in  Virginia. 

[The  committee  of  correspondence,  chosen  in  pursuance  of  the 
resolves  aforesaid,  were,  Mr.  Gushing,  (the  Speaker,)  Mr.  S.  Ad 
ams,  Hon.  John  Hancock,  Mr.  William  Phillips,  Capt.  William, 
Heath,  Hon.  Joseph  Hawley,  James  Warren,  Esq.  R.  Derby,  Jun. 
Esq.  Mr.  Elbridge  Gerry,  J.  Bowers,  Esq.  Jedediah  Foster,  Esq. 
Daniel  Leonard,  Esq.  Capt.  T.  Gardner,  Capt.  Jonathan  Green- 
leaf,  and  J.  Prescott,  Esq.] 


LETTER 

FROM  THE  HOUSE  OF  REPRESENTATIVES,  ADDRESSED  TO  THE  SPEAKER* 
OF  THE  SEVERAL  HOUSES  OF  ASSEMBLY,  ON  THE  CONTINENT. 

Boston,  June  3,  1773. 

SIR, 

THE  House  of  Representatives,  of  this  province,  being  earn 
estly  attentive  to  the  controversy  between  Great  Britain  and  the 
colonies,  and  considering  that  the  authority  claimed  and  exer 
cised  by  Parliament,  on  the  one  side,  and  by  the  General  Assem 
bles  of  this  continent,  on  the  other,  greatly  militates,  and  is  pro 
ductive  of  this  unhappy  contention,  think  it  of  the  utmost  import 
ance  to  the  welfare  of  "both,  and  particularly  of  the  colonies,  that 
the  constitutional  powers  and  rights  of  each,  be  inquired  into,  de 
lineated  and  fully  ascertained. 

*  * 5  Consequence  of  burning  the  Gaspee,  a  British  armed  vessel,  which  had  greatly  bar- 
rassed  the  navigation  ot  Rhode  Island,  a  court  of  inquiry  was  appointed,  under  the  great 
sea!  of  England,  to  be  holden  at  Newport.  They  met  once  and  again,  but  finally  dissolv- 
ed,  without  doing  any  thing  important.  It  was  supposed,  that  many  persons,  suspected  of 
burning  the  Gaspee,  would  have  been  sent  to  England  for  trial. 
5 1 


4:02  MASSACHUSETTS    STATE    PAPERS. 

That  his  Majesty's  subjects  of  America,  are  entitled  to  the  same 
rights  and  liberties  as  those,  of  Great  Britain,  and  that  these  ought, 
in  justice,  by  the  constitution,  to  be  as  well  guaranteed  and  secur 
ed,  to  the  one,  as  to  the  other,  are  too  apparent  to  be  denied. 

It  is,  by  this  House,  humbly  conceived,  to  be  likewise  undenia 
ble,  that  the  authority  assumed,  and  now  forcibly  exercised  by  Par 
liament,  over  the  colonies,  is  utterly  subversive  of  freedom  in  the 
latter;  and  that,  while  his  Majesty's  loyal  subjects  in  America, 
have  the  mortification,  daily,  to  see  new  abridgements  of  their  rights 
and  liberties,  they  have  not  the  least  security  for  those,  which  at 
present  remain.  Were  the  colonists  only  atfected  by  a  Legisla 
tive,  subject  to  their  control,  they  would,  even  then,  have  no  other 
security  than  belongs  to  them  by  the  laws  of  nature,  and  the  Eng 
lish  constitution  ;  but,  should  the  authority,  now  claimed  by  Par 
liament,  be  fully  supported  by  power,  or  submitted  to  by  the  colo 
nies,  it  appears  to  this  House,  that  there  will  be  an  end  to  liberty 
in  America ;  and  that  the  colonists  will  then  change  the  name  of 
freemen,  for  that  of  slaves. 

IB  order  to  adjust  and  settle  these  important  concerns,  the  free 
and  magnanimous  Burgesses  of  Virginia,  have  proposed  a  method 
for  uniting  the  councils  of  its  sister  colonies ;  and  it  appearing  to 
this  House,  to  be  a  measure  very  wise  and  salutary,  is  cheerfully 
received  and  heartily  adopted. 

With  great  respect  for  your  honorable  Assembly,  and  in  confi 
dence,  that  a  matter  which  so  nearly  affects  the  safety  of  each  col 
ony,  will  be  assisted  by  its  wise  councils,  permit  this  House  to  en 
close  a  copy  of  resolutions,  lately  entered  into  here ;  and  to  request 
you  to  communicate  the  same  at  a  convenient  opportunity. 

THOMAS  GUSHING,  Speaker. 


L[Juue  2,  1773,  the  gall  cries  having  been  cleared,  by  a  vote  of  the 
.louse,  Mr.  S.  Adams  observed,  "  that  he  perceived  the  minds  of 
the  people  were  much  agitated  by  a  report,  that  letters,  of  an  ex 
traordinary  nature,  had  been  written  and  sent  to  England,  greatly 
to  the  prejudice  of  this  province :  that  he  had  obtained  certain  let 
ters,  with  different  signatures,  with  the  consent  of  the  gentleman, 
from  whom  he  received  them,  that  they  should  be  read  in  the 
House,  under  certain  restrictions,  namely,  that  the  said  letters  be 
neither  printed  nor  copied,  in  whole,  or  in  part," — and  he  accord- 
jflgly  offered  them  for  the  consideration  of  the  House.  A  vote  then, 
passed,  that  the  letters  be  read  ;  and  they  were  read  accordingly : 
being  signed,  Thomas  Hutchinson,  Andrew  Oliver,  Charles  Pax- 
ton,  Robert  Auchmuty,  &c.  The  whole  House  was  then  resolved 
into  a  committee,  to  take  said  letters  into  consideration,  and  the 
House  adjourned  to  the  afternoon.  Mr.  Hancock,  from  the  com- 


MASSACHUSETTS    STATE    PAPERS.  403 

mittec  of  the  whole  House,  reported,  that  the  committee  were  of 
opinion,  the  tendency  and  design  of  the  said  letters,  was  to  over 
throw  the  constitution  of  this  government,  and  to  introduce  arbi 
trary  power  into  the  province  ;  and  the  report  was  accepted,  101  to 
5.  A  committee  of  nine,  was  thereupon  chosen,  to  consider  what 
was  proper  to  be  done,  in  reference  to  the  letters  aforesaid  ;  and 
the  Speaker,  (Mr.  Gushing,)  Mr.  Adams,  Mr.  Hancock,  Mr.  Gor-  j 

ham,  Mr.  Pickering,  Maj.  Hawley,  Col.  Warren,  Mr.  Payne  an<L i 

Maj.  Foster,  were  chosen.] 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVE^, 
JUNE  3,  1773. 

Gentlemen  of  the  House  of  Representatives, 

I  AM  informed,  that  certain  private  letters,  said  to  have  been 
wrote  by  me,  to  a  gentleman  in  England,  lately  deceased,  were 
yesterday  laid  before  your  House  ;  and,  that  you  have  come  into 
a  resolution,  or  vote,  that  they  tend  to  subvert  the  constitution. 

I  have  never  wrote  any  public  or  private  letter,  with  such  inten 
tion,  and  am  not  conscious  of  any  letter,  which  can  have  such  an 
effect.  Before  you  take  any  further  proceedings,  I  must  desire, 
that  a  transcript  of  the  proceedings  of  yesterday,  be  laid  before 
me,  and  that  I  may  be  informed  to  what  letters  they  refer,  in  or 
der  to  my  considering  what  steps  are  proper  for  me  to  take  upon 
the  occasion.  T.  HUTCHINSON. 


MESSAGE 

FROM  THE  HOUSE  OP  REPRESENTATIVES  TO  THE  GOVERNOR, 

JUNE  5, 1773. 

May  it  please  your  Excellency, 

IN  answer  to  your  message,  of  the  third  of  June,  the  House  oi 
Representatives  have  resolved,  that  the  dates  of  certain  letters, 
now  before  them,  referred  to  in  the  message,  together  with  a  tran 
script  of  the  proceedings  of  the  House  thereon,  as  requested  by 
your  Excellency,  be  laid  before  you. 

And,  as  your  Excellency  has  been  pleased,  in  your  message  to 


404  MASSACHUSETTS  STATE  PAPERS. 

say,  that  you  have  never  wrote  any  public  or  private  letter,  with  an 
intention  to  subvert  the  constitution,  it  is  the  desire  of  this  House, 
that  your  Excellency  would  be  pleased  to  order,  that  copies  belaid 
before  us,  of  such  letters  as  your  Excellency  has  written,  of  those 
dates,  relating  to  the  public  affairs  of  this  province  ;  together  with 
such  other  letters,  as  your  Excellency  shall  think  proper. 

[The  committee,  who  prepared  this  message,  were,  Mr.  Hancock, 
Mr.  Adams,  Mr.  Gerry,  Mr.  Pickering  and  Maj.  Hawley.] 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES, 
JUNE  9,  1773. 

Gentlemen  of  the  House  of  Representatives, 

BY  your  committee,  you  have  laid  before  me  the  dates  of  six 
original  letters,  with  my  signature  to  them,  which  have  been 
brought  into  your  House,  and  read,  together  with  other  letters 
from  several  other  persons.  You  have  also  laid  before  me,  an  ex 
tract  from  the  journal  of  your  proceedings,  by  which  it  appears, 
you  are  of  opinion,  that  the  tendency  and  design  of  the  letters, 
thus  read,  was  to  overthrow  the  constitution  of  this  government, 
and  to  introduce  arbitrary  power  into  the  province. 

I  find,  by  the  dates  of  the  letters  with  my  signature,  that,  if  gen 
uine,  they  must  be  private  letters,  wrote  to  a  gentleman  in  Lon 
don,  since  deceased  ;  that  all,  except  the  last,  were  wrote  many 
months  before  I  came  to  the  chair  ;  that  they  were  wrote,  not  only 
with  that  confidence,  which  is  always  implied  in  a  friendly  corres 
pondence,  by  private  letters,  but  that  they  are  expressly  confiden 
tial  ;  notwithstanding  which,  they  contain  nothing  more  respect 
ing  the  constitution  of  the  colonies  in  general,  than  what  is  con 
tained  in  my  speeches  to  the  Assembly,  and  what  I  have  published 
in  a  more  extensive  manner  to  the  world  ;  and  there  is  not  one 
passage  in  them,  which  was  ever  intended  to  respect,  or  which,  as 
I  am  well  assured,  the  gentleman  to  whom  they  were  wrote,  ever 
understood  to  respect,  the  particular  constitution  of  this  govern 
ment,  as  derived  from  the  charter. 

I  am  at  a  loss  for  what  purpose  you  desire  the  copies  of  my  let 
ters,  the  originals  of  which,  you  have  in  your  hands.  If  it  is  with 
a  view  to  make  them  public,  the  originals  are  more  proper  for  that 
purpose  than  the  copies.  I  think  it  would  be  very  improper,  and 
out  of  character  in  me,  to  lay  my  private  letters  before  you,  at 
your  request ;  my  public  ones,  I  am  restrained  from  laying  before 
you,  without  express  leave  from  his  Majesty.  Thus  much,  how- 


MASSACHUSETTS    STATE    PAPERS.  405 

ever,  1  may  assure  you,  that  it  has  not  been  the  tendency  and  de 
sign  of  them  to  subvert  the  constitution  of  this  government,  but 
rather  to  preserve  it  entire ;  and  I  have  reason  to  think,  they  have 
not  been  altogether  ineffectual  to  that  purpose. 

T.  HUTCHINSON. 


MESSAGE 

PROM  THE  HOUSE  OF  REPRESENTATIVES  TO  THE  COUNCIL,  JUNE  15, 1773. 

May  it  please  the  Honorable  Board, 

THERE  are  certain  letters,  which  have  been  laid  before  the 
House,  signed  Thomas  Hutchinson,  Andrew  Oliver,  Charles  Pax- 
ton,  and  Robert  Auchmuty,  containing  matters  that  nearly  affect 
the  interest  of  this  province,  and  some,  particularly  refer  to  the 
conduct  of  the  honorable  Board  ;  therefore,  the  House  have  or 
dered  copies  of  the  said  letters,  to  be  laid  before  the  honorable 
Board,  that  they  may  take  such  order  thereon,  as  they  shall  judge 
proper.  The  originals  are,  at  present,  in  the  hands  of  a  committee 
of  the  House ;  but  if  the  Board  are  desirous  of  it,  they  may  have 
them  to  compare  with  the  copies. 


RESOLVES 

OF  THE  HOUSE  OF  REPRESENTATIVES,  RESPECTING  THE  LETTERS  OF  THE 
GOVERNOR,  LIEUTENANT  GOVERNOR,  AND  OTHERS,  JUNE  16,  1773. 

RESOLVED,  That  the  letters,  signed  Thomas  Hutchinson,  and 
those  signed  Andrew  Oliver,  now  under  the  consideration  of  this 
House,  appear  to  be  the  genuine  letters  of  the  present  Governor 
and  Lieutenant  Governor  of  this  province,  whose  hand  writing  and 
signatures  are  well  known  to  many  of  the  Members  of  this  House ; 
and,  that  they  contain  aggravated  accounts  of  facts,  and  misre 
presentations;  and,  that  one  manifest  design  of  them,  was,  to  re 
present  the  matters  they  treat  of,  in  a  light,  highly  injurious  to  this 
province,  and  the  persons  against  whom  they  were  wrote. 

Resolved,  That,  though  the  letters  aforesaid,  signed  Thomas 
Hutchinson,  are  said,  by  the  Governor,  in  his  message  to  this 
House,  of  June  9th,  to  be  "private  letters,  wrote  to  a  gentleman 
in  London,  since  deceased  ;"  and  "  that  all,  except  the  last,  were 
wrote  many  months  before  he  came  to  the  chair  5  yet,  they  were 


406  MASSACHUSETTS  STATE  PAPERS. 

wrote  by  the  present  Governor,  when  he  was  Lieutenant  Gover 
nor  and  Chief  Justice  of  this  province,  who  has  been  represented 
abroad,  as  eminent  for  his  abilities,  as  for  his  exalted  station  ;  and 
was  under  no  official  obligation  to  transmit  intelligence  of  such 
matters  as  are  contained  in  said  letters  ;  and,  that  they,  therefore, 
must  be  considered,  by  the  person  to  whom  they  were  sent,  as 
documents  of  solid  intelligence;  and,  that  this  gentleman  in  Lon 
don,  to  whom  they  were  wrote,  was  then  a  Member  of  the  British 
Parliament,  and  one  who  was  very  active  in  American  affairs ; 
and  /  therefore,  that  these  letters,  however  secretly  wrote,  must 
naturally  be  supposed  to  have,  and  really  had,  a  public  operation. 
'  Resolved,  That  these  fc4  private  letters,"  being  wrote  u  with  ex 
press  confidence  of  secrecy,"  was  only  to  prevent  the  contents  of 
them  being  known  here,  as  appears  by  said  letters  ;  and  this  ren 
dered  them  the  more  injurious  in  their  tendency,  and  really  in 
sidious.  / 

Resolved,  That  the  letters,  signed  Thomas  Hutchinson,  consid 
ering  the  person  by  whom  they  were  wrote,  the  matters  they  ex 
pressly  contain,  the  express  reference  in  some  of  them,  for  '*  full 
intelligence,"  to  Mr.  Hallowell,  a  person  deeply  interested  in  the 
measures  so  much  complained  of,  and  recommendatory  notices  of 
divers  other  persons,  whose  emoluments  arising  from  our  public 
burdens,  might  excite  them  to  unfavorable  representations  of  us, 
the  measures  they  suggest,  the  temper  in  which  they  were  wrote, 
the  manner  in  which  they  were  sent,  and  the  person  to  whom  they 
were  addressed  ;  had  a  natural  and  efficacious  tendency  to  inter 
rupt  and  alienate  the  affections  of  our  most  gracious  Sovereign, 
King  George  the  III.  from  this,  his  loyal  and  affectionate  province; 
to  destroy  that  harmony  and  good  will  between  Great  Britain  and 
this  colony,  which  every  friend  to  either,  would  wish  to  establish  ; 
'to  excite  the  resentment  of  the  British  administration  against  this 
province  ;  *to  defeat  the  endeavors  of  our  agents  and  friends  to 
serve  us,  by  a  fair  representation  of  our  state  of  grievances  ;/to 
prevent  our  humble  and  repeated  petitions  from  reaching  the  royal 
ear  of  our  common  Sovereign  ;  and  to  produce  the  severe  and  de 
structive  measures  which  have  been  taken  against  this  province, 
and  others  still  more  so,  which  have  been  threatened.  / 

Resolved,  That  the  letters,  signed  Andrew  Oliver,  considering 
the  person  by  whom  they  were  wrote,  the  matters  they  expressly 
contain,  the  measures  they  suggest,  the  temper  in  which  they  were 
wrote,  the  manner  in  which  they  were  sent,  and  the  person  to 
whom  they  were  addressed,  had  a  natural  and  efficacious  tendency 
to  interrupt  and  alienate  the  affections  of  our  most  gracious  Sove 
reign,  King  George  the  III.  from  this,  his  loyal  and  affectionate 
province yto  destroy  that  harmony  and  good  will  between  Great 
Britain  and  this  colony,  which  every  friend  to  either,  would  wish 
to  establish  ;  to  excite  the  resentment  of  the  British  administra 
tion  against  this  province  $  to  defeat  the  endeavors  of  our  agent? 


MASSACHUSETTS  STATE  PAPERS.  407 

and  friends  to  serve  us,  by  a  fair  representation  of  our  state  of 
grievances;  to  prevent  our  humble  and  repeated  petitions  from 
having  the  desired  effect ;  and  to  produce  the  severe  and  destruc 
tive  measures  which  have  been  taken  against  this  province,  and 
others  still  more  so,  which  have  been  threatened/ 
/Resolved,  As  the  opinion  of  this  House,  that  it  clearly  appears 
from  the  letters  aforesaid,  signed  Thomas  Hutchinson,  and  An 
drew  Oliver,  that  it  was  the  desire  and  endeavor  of  the  writers  of 
them,  that  certain  acts  of  the  British  Parliament,  for  raising;  a  rev- 


every  constitutional  measure  to  obtain  the  repeal  of  those  acts,  so 
justly  esteemed  a  grievance  to  us,  and  to  suppress  the  very  spirit 
of  freedom. 

Resolved,  That  it  is  the  opinion  of  this  House,  that,  as  the  sal 
aries  lately  appointed  for  the  Governor,  Lieutenant  Governor,  and 
Judges  of  this  province,  directly  repugnant  to  the  charter,  and  sub 
versive  of  justice,  are  founded  on  this  revenue  ;  and,  as  those  let 
ters  were  wrote  with  a  design,  and  had  a  tendency  to  promote  and 
support  that  revenue,  therefore,  there  is  great  reason  to  suppose 
the  writers  of  those  letters,  were  well  knowing  to,  suggested,  and 
promoted  the  enacting  said  revenue  acts,  and  the  establishments 
founded  on  the  same. 

Resolved  /That  while  the  writer  of  these  letters,  signed  Thomas 
Hutchinson,  has  been  thus  exerting  himself,  by  his  "  secret  confi 
dential  correspondence,"  to  introduce  measures,  destructive  of  our 
constitutional  liberty,  he  has  been  practising  every  method  among 
the  people  of  this  province,  to  fix  in  their  minds  an  exalted  opinion 
of  his  warmest  affection  for  them,  and  his  unremitted  endeavors 
to  promote  their  best  interest  at  the  Court  of  Great  Britain. 

Resolved,  As  the  opinion  of  this  House,  that  by  comparing  these 
letters,  signed  Thomas  Hutchinson,  with  those,  signed  Andrew 
Oliver,  Charles  Paxton,  and  Nathan  Rogers,  and,  considering  what 
has  since,  in  fact  taken  place,  conformable  thereto,  that  it  is  man 
ifest,/  tli£r^LJiaj__bej^n,fo£  many  years  past,  measures  contemplat- 
^dsjyiJiA  pi^jO^S^rbj ra  j*et i  ofTneh".  born  and  educated  among 
u^tojraise  their  own  fortunes,  and  advance  themselves  to  posts  of 
honor  and  profitrnoT~ohly  to  the  destruction  of  the  charter  and 
constitution  of  this  province,  but  ai  the  expense  of  the  rights  and 
liberties  of  the  American  coJonieZj  And,  it  is  further  the  opinion 
of  this  House,  that  the  said  persons  have  been  some  of  the  chief 
instruments  in  the  introduction  of  a  military  force  into  the  pro 
vince,  to  carry  their  plans  into  execution  ;  and,  therefore,  they 
have  been,  not  only  greatly  instrumental  of  disturbing  the  peace 
and  harmony  of  the  government,  and  causing,  and  promoting  grea< 
discoid  and  animosities,  but  are  justly  chargeable  with  the  greai 
corruption  of  morals,  and  all  that  confusion,  misery  and  blood 


408  MASSACHUSETTS  STATE  PAPERS. 

shed,  which  have  been  the  natural  effects  of  the  introdwttion  of 
troops. 

Whereas,  for  many  years  past,  measures  have  been  taken  by  the 
British  administration,  very  grievous  to  the  good  people  of  this 
province,  which  this  House  have  now  reason  to  suppose,  were  pro 
moted,  if  not  originally  suggested,  by  the  writers  of  these  letters; 
and  many  efforts  have  been  made,  by  the  people,  to  obtain  the  re 
dress  of  their  grievances  : 

Resolved,  That  it  appears  to  this  House,  that  the  writers  of  these 
letters,  have  availed  themselves  of  disorders,  that  naturally  arise  in 
a  free  government,  under  such  oppressions,  as  arguments  to  prove, 
that  it  was,  originally,  necessary  such  measures  should  have  been 
taken,  and  that  they  should  now  be  continued  and  increased 

Whereas,  in  the  letter,  signed  Charles  Paxton,  dated  Boston 
Harbor,  June  20,  1768,  it  is  expressly  declared,  that,  "  unless  we 
have  immediately  two  or  three  regiments,  it  is  the  opinion  of  all 
the  friends  of  government,  that  Boston  will  be  in  open  rebellion :" 

Resolved,  That  this  is  a  most  wicked  and  injurious  representa 
tion,  designed  to  inflame  the  minds  of  his  Majesty's  Ministers  and 
the  nation,  and  to  excite  in  the  breast  of  our  Sovereign,  a  jealousy 
of  his  loyal  subjects  of  said  town,  without  the  least  grounds  there 
for,  as  enemies  of  his  Majesty's  person  and  government. 

Whereas  certain  letters,  signed  by  two  private  persons,  viz. : 
Thomas  Moffat,  and  George  Rome,  have  been  laid  before  the 
House,  which  letters  contain  many  matters,  highly  injurious  to 
government  and  to  the  national  peace  : 

Resolved,  That  it  has  been  the  misfortune  of  this  government, 
from  the  earliest  period  of  it,  from  time  to  time,  to  be  secretly 
traduced,  and  maliciously  represented  to  the  British  Ministry,  by 
persons,  who  were  neither  friendly  to  this  colony,  nor  to  the  English 
C9ustitution  : 

Qjesolved,  That  the  House  have  just  reason  to  complain  of  it,  as 
a  very  great  grievance,  that  the  humble  petitions  and  remonstrances 
of  the  Commons  of  this  province,  are  not  allowed  to  reach  the 
hand  of  our  most  gracious  Sovereign,  merely  because  they  are  pre 
sented  by  an  agent,  to  whose  appointment,  the  Governor,  with 
whom  our  chief  dispute  may  subsist,  doth  not  consent ;  while  the 
partial  and  inflammatory  letters  of  individuals,  who  are  greatly  in 
terested  in  the  revenue  acts,  and  the  measures  taken  to  carry  them 
into  execution,  have  been  laid  before  administration,  attended  to, 
and  determined  upon,  not  only  to  the  injury  of  the  reputation  of 
the  peopje,  but  to  the  depriving  them  of  their  invaluable  rights  and 
liberties?^ 

Whereas,  this  House  are  humbly  of  opinion,  that  his  Majesty 
will  judge  it  to  be  incompatible  with  the  interest  of  his  Crown,  and 
the  peace  and  safety  of  the  good  people  of  this,  his  loyal  province, 
that  persons  should  be  continued  in  places  of  high  trust  and  autho 
rity  in  it,  who  are  known  to  have,  with  great  industry,  thoucr1' 


MASSACHUSETTS  <STATE    PAPERS.  409 

secretly,  endeavored  to  undermine,  alter,  ami  overthrow  the  con 
stitution  of  the  province  :  therefore, 

Resolved,  That  this  House  is  bound,  in  duty  to  the  King  and 
their  constituents,  humbly  to  remonstrate  to  his  Majesty,  the  con 
duct  of  his  Excellency  Thomas  Hutchinson,  Esquire,  Governor, 
and  the  Honorable  Andrew  Oliver,  Esquire,  Lieutenant  Governor 
of  this  province ;  and  to  pray  that  his  Majesty  would  he  pleased 
to  remove  them  forever  from  the  goVCTmuehl  ITiereot. "~ 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  HOUSE  OF  REPRESENTATIVES^ 

JUNE  21,  1773. 

Gentlemen  of  the  House  of  Representatives, 

I  PERCEIVE,  with  concern,  for  the  honor  and  reputation  of  the 
province,  that  you  have  passed,  and  caused  to  be  published,  a  num 
ber  of  votes  or  resolves,  in  which  you  have,  in  an  unparalleled  and 
most  injurious  manner,  determined  the  intentions  and  designs  of 
the  Governor,  in  certain  private  letters,  wrote  several  years  since, 
the  originals  of  which,  as  alleged,  have,  by  some  means  or  other, 
come  into  your  possession. 

Whilst  I  was  the  subject  of  the  debates,  occasioned  by  the  let 
ters,  I  did  not  think  it  advisable,  to  give  you  any  interruption. 
Now,  that  you  have  come  to  your  determination,  I  must  remind 
you,  that  you  are  near  to  the  close  of  the  fourth  week  of  the  ses 
sion,  and,  that  you  have  done  little,  or  none,  of  the  business  of  the 
Court. 

To  prevent  all  unnecessary  burden  upon  your  constituents,  by 
too  long  a  session,  I  must  desire  you  to  give  despatch  to  such 
matters  as  lie  before  you,  or  are  proper  to  be  acted  upon  by  you. 

T.  HUTCHINSON. 


MESSAGE 

THE  HOUSE  OF  REPRESENTATIVES  TO  THE  GOVERNOR, 
JUNE  24,  1773. 

May  it  please  your  Excellency, 

THE  House  have  maturely  considered  your  message,  of  the 
21st  instant,  and  fully  apprehend,  that  had  we  not  passed,  and 
52 


410  MASSACHUSETTS   STATE    PAPERS. 

caused  to  be  published,  the  votes  and  resolves  upon  the  letters,  re 
ferred  to  in  jour  message,  we  should  have  betrayed  a  total  want 
of  a  proper  attention,  not  only  to  the  honor  and  reputation  of  the 
province,  but  the  true  interest  of  our  constituents,  however  unpar 
alleled  and  injurious  your  Excellency,  is  pleased  to  represent 
them  ;  and,  we  can  assure  your  Excellency  that  this  House  came 
possessed  of  those  letters  in  a  manner  truly  honorable.  Had  your 
Excellency  duly  considered  that  those  letters  contained  matters 
of  a  very  extraordinary  nature,  and  that  we  have  already  passed 
upon  divers  matters  of  a  public,  as  well  as  a  private  nature,  you 
would  have  judged  it  needless  to  have  remindedjis,  that  we  are 
near  the  close  of  the  fourth  week  of  the  session  :  QYe  are,  however, 
answerable  to  none  but  our  constituents,  for  the  time  we  spend  in 
doing  that  part  of  the  public  business,  which  they  have  chosen  us 
to  transact;  and,  we  are  clearly  of  opinion,  that  we  are,  at  present, 
the  sole  judges  of  tiie  time  that  is  necessary  for  us  to  take,  in  de 
liberating  and  determining  upon  all  matters,  that  may  properly 
come  under  our  consideration^ 


EXTRACT 

FROM  THE  GOVERNOR'S  MESSAGE  TO  THE  TWO  HOUSES,  JANUARY  26,  1771. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

THE  judicial  proceedings  of  the  Governor  and  Council,  as  the 
Supreme  Court  of  Probate,  and,  as  the  Court  for  determining  in 
cases  of  marriage  and  divorce,  having  been  impeded  in  many  in- 
stances^  where  the  opinion  of  the  Governor  has  been  different  from 
that  of  the  majority  of  Counceilors  present,  the  Governor  having 
always  considered  his  consent  as  necessary  to  every  judicial  act. 
In  the  year  1771, 1  stated  the  arguments,  as  well  against,  as  for 
the  claim  of  the  Governor  ;  and  his  Majesty  having  been  pleased 
to  order  the  case  thus  stated,  to  be  laid  before  the  Lords  of  his 
Majesty's  most  honorable  Privy  Council,  I  am  now  able  to  inform 
you,  that  it  has  been  signified  to  me,  to  be  his  Majesty's  pleasure, 
that  I  do  acquiesce  in  the  determination  of  the  majority  of  Coun- 
cellors  present,  voting  as  a  Court  for  proving  wills  and  adminis 
tration,  and  deciding  controversies  concerning  marriage  and  di 
vorce,  although  I  should  differ  in  opinion  from  that  majority. 
This  order  more  immediately  respects  the  Council  ;  nevertheless, 
the  tender  regard  which  his  Majesty  has  shewn  for  the  interest 
and  convenience  of  his  subjects,  in  a  construction  of  the  charter, 
'different  froui  what  had  been  made  by  all  his  Governors5  ever  since 


MASSACHUSETTS  STATE  PAPERS.  411 

its  first  publication,  make  it  proper  for  me  to  communicate  the 
order  to  both  Houses.  r— *» 

I  am  required  to  signify  to  you  his  Majesty's  disapprobation  of  \ 
the  appointment  of  committees  of  correspondence,  in  various  in 
stances,  which  sit  and  act,  during  the  recess  of  the  General  Court,    \ 
by  prorogation.  T.  HUTCHINSON./— -* 


EXTRACT 

FROM  THE  ANSWFR  OF  THE  HOUSE  OF  REPRESENTATIVES  TO  THE 
GOVERNOR,  FEBRUARY  5, 1774. 

May  it  please  your  Excellency, 

IT  affords  great  satisfaction  to  this  House,  to  find,  that  his 
Majesty  has  been  pleased  to  put  an  end  to  an  undue  claim,  here 
tofore  made  by  the  Governors  of  this  province,  grounded  upon  a 
supposition,  that  the  consent  of  the  chair  was  necessary  to  the  va 
lidity  of  the  judicial  acts  of  the  Governor  and  Council.  Whereby 
their  proceedings,  when  sitting  as  the  Supreme  Court  of  Probate, 
and  as  the  Court  for  determining  in  cases  of  marriage  and  divorce, 
have  been  so  often  impeded.  The  royal  order,  that  the  Governor 
shall  acquiesce  in  the  determination  of  the  majority  of  the  Coun 
cil,  respects  not  the  Council  only,  but  the  body  of  the  people  of 
this  province.  And  his  Majesty  has  therein  shewed  his  regard  to 
justice,  as  well  as  the  interest  and  convenience  of  his  subjects,  in 
rescuing  a  clause  in  the  charter,  from  a  construction,  which,  in  the 
opinion  of  this  House,  was  repugnant  to  the  express  meaning  and 
intent  of  the  charter,  inconsistent  with  the  idea  of  a  Court  of  Jus 
tice,  and  dangerous  to  the  rights  and  property  of  the  subject. 

Your  Excellency  is  pleased  to  inform  the  two  Houses,  that  you 
are  required  to  signify  to  them  his  Majesty's  disapprobation  of  the 
appointment  of  committees  of  correspondence,  in  various  instances, 
which  sit  and  act,  during  the  recess  of  the  General  Court  by  pro 
rogation.  You  are  not  pleased  to  explain  to  us  the  grounds  and 
reasons  of  his  Majesty's  disapprobation  5  until  we  shall  have  such 
explanation  laid  before  us,  a  full  answer  to  this  part  of  your  speech 
will  not  be  expected  from  us.  We  cannot,  however,  omit  saying 
upon  this  occasion,  that  while  the  common  rights  of  the  American 
subjects,  continue  to  be  attacked  in  various  instances,  and,  at  times 
when  the  several  Assemblies  are  not  sitting,  it  is  highly  necessary 
that  they  should  correspond  with  each  other,  in  order  to  unite  in 
the  most  effectual  means  for  the  obtaining  a  redress  of  their  griev 
ances.  And,  as  the  sitting  of  the  General  Assemblies  in  this,  and 
most  of  the  colonies,  depends  upon  the  pleasure  of  the  Governors, 


412  MASSACHUSETTS  STATE  PAPERS. 

\vho  hold  themselves  under  the  direction  of  administration,  it  is  to 
be  expected,  that  the  meeting  of  the  Assemblies  will  be  so  order 
ed,  as  that  the  intention  proposed  by  a  correspondence  between 
them,  will  be  impracticable,  but  by  committees,  to  sit  and  act,  in  the 
recess.  We  would,  moreover,  observe,  that  as  it  has  been  the 
practice  for  years  past,  for  the  Governor,  and  Lieutenant  Gover 
nor  of  this  province,  and  other  Officers  of  the  Crown,  at  all  times, 
to  correspond  with  Ministers  of  State,  arid  persons  of  distinction 
and  influence  in  the  nation,  in  order  to  concert  and  carry  on  such 
measures  of  the  British  administration,  as  have  been  deemed  by 
the  colonists  to  be  grievous  to  them,  it  cannot  be  thought  unrea 
sonable,  or  improper,  for  the  colonists  to  correspond  with  their 
agents,  as  well  as  with  each  other,  to  the  end,  that  their  griev 
ances  may  be  so  explained  to  his  Majesty,  as  that,  in  his  justice, 
he  may  afford  them  necessary  relief.  As  this  province  has  here 
tofore  felt  the  great  misfortune  of  the  displeasure  of  our  Sovereign, 
by  means  of  misrepresentations,  permit  us  further  to  say,  there  is 
room  to'apprehend  that  his  Majesty  has,  in  this  instance,  been 
misinformed ;  and,  that  there  are  good  grounds  to  suspect,  that 
those  who  may  have  misinformed  him,  have  had  in  meditation  fur 
ther  measures  destructive  to  the  colonies,  which  they  were  appre 
hensive,  would  be  defeated  by  means  of  committees  of  correspon 
dence,  sitting  and  acting,  in  the  recess  of  the  respective  Assemblies. 

It  must  be  pleasing  to  the  good  people  of  this  province,  to  find, 
that  the  heavy  debt  which  had  been  incurred  by  their  liberal  aids, 
through  the  course  of  the  late  war,  for  the  subduing  his  Majesty's 
inveterate  enemies,  and  extending  his  territory  and  dominion  in 
America,  is  so  nearly  discharged.  Whenever  the  House  of  Re 
presentatives  shall  deem  it  incumbent  upon  them  to  provide  for 
any  future  charges,  it  will  be  done,  as  it  ought,  by  such  ways  and. 
means,  as,  after  due  deliberation,  to  them  shall  seem  meet. 

In  the  mean  time,  this  House  will  employ  the  powers  with 
which  they  are  entrusted,  in  supporting  his  Majesty's  just  autho 
rity  in  the  province,  according  to  the  royal  charter,  and  in  des 
patching  such  public  business,  as  now  properly  lies  before  us. 
And,  while  we  pursue  such  measures,  as  tend,  by  God's  blessing, 
to  the  redress  of  grievances,  and  to  the  restoration  and  establish 
ment  of  the  public  liberty,  we  persuade  ourselves,  that  we  shall, 
at  the  same  time,  as  far  as  in  us  lies,  most  effectually  secure  the 
tranquillity  and  good  order  of  the  government,  and  the  great  end 
for  which  it  was  instituted,  the  safety  and  welfare  of  the  people. 

[The  committee,  by  whom  the  foregoing  was  reported,  were,  the 
Speaker,  Mr.  S.  Adams,  Mr.  Hancock,  Col.  Warren,  Col.  Thayer, 
Col.  Bowers,  and  Capt.  Derby.] 


MASSACHUSETTS    SJATE   PAPERS. 

MESSAGE 

"     OF  THE  GOVERNOR  TO  BOTH  HOUSES,  FEBRUARY  24,  1774. 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

HAVING  received  discretionary  leave  from  the  King,  to  go  to         y 
England,  I  think  it  proper  to  acquaint  you  with  this  instance  of 
his  Majesty's  most  gracious  condescension;  and,  that  I  intend  to        Lfc/^ 
avail  myself  of  it,  as  soon  as  his  service  will  admit. 

1  must  desire  you  to  give  all  the  despatch  possible,  to  such 
necessary  public  business,  as  may  yet  lie  before  you ;  for,  I  must 
soon,  by  an  adjournment  or  prorogation,  give  the  Court  a  recess, 
that  I  may  attend  to  that  preparation  for  my  voyage,  which  his 
Majesty's  service,  and  my  personal  affairs  require. 

T.  HUTCHINSON. 


SPEECH 

OF  GOVERNOR  GAGEJTO  THE  TWO  HOUSES,  MAY  26,  1774.* 

Gentlemen  of  the  Council,  and 

Gentlemen  of  the  House  of  Representatives, 

His  Majesty,  having  been  pleased  to  appoint  me,  Governor 
and  Captain  General  of  his  province  of  the  Massachusetts  Bay, 
and  my  commission  having  been  read  and  published,  I  have  met 
you,  for  the  election  of  Councellors,  for  the  ensuing  year  5  on 
which  business,  you  have  been  convened  agreeably  to  your  charter. 
And,  as  that  work  is  finished,  you  will  proceed  as  you  shall  judge, 
to  the  consideration  of  such  other  matters,  as  may  properly  come 
before  you,  and  that  you  judge  ought  to  be  entered  upon,  previous 
to  the  first  of  next  month.  And  you  may  be  assured,  that  I  shall, 
with  pleasure,  concur  with  you,  to  the  utmost  of  my  power,  in  all 
matters  that  tend  to  the  welfare  and  prosperity  of  the  province. 

I  make  mention  of  the  first  of  next  month,  because,  I  have  the 
King's   particular  commands,  for  holding  the  General  Court  at   /D       •+• 
Salem,  from  that  day,  till  his  Majesty  shall  have   signified  his  ^** 
royal  will  and  pleasure,  for  holding  it  again  at  Boston. 

-*i 

*  Gen.  Gage,  had  then  been  lately  appointed  Governor  of  this  province.    When  a  list  of   * 
fhe  gentlemen,  elected  Councellors,  was  presented  to  him,  he  objected  to  James  Bowdoin, 
John  Winthrop,  Timothy  Danieison,  Benjamin  Austin,  William  Phillips,  Michael  Farley, 
James  Prescott,  John  Adams,  Norton  Quincy,  Jerathmeei  Bowers.  Enoch  Freeman,  and  Jede»    ) 
«.fiah  Foster.  \jT 


414  MASSACHUSETTS  STATE  PAPERS. 

The  honor  of  my  appointment,  to  the  command  of  this  govern 
ment,  being  so  lately  conferred,  and  the  time  since  I  took  it  upon 
me,  so  very  short,  I  have  not,  at  present,  any  matter  to  lay  before 
you,  farther  than  to  acquaint  you,  that  the  treasurer  having  inform 
ed  me,  that  sufficient  provision  is  made  for  the  redemption  of  the 
government  securities,  that  are  now,  and  will  become  due  in  June, 
1775.  you  will  have  no  other  burden  upon  you,  but  to  supply  the 
treasury,  for  the  support  of  government,  for  the  ensuing  year. 

THO.  GAGE. 


ANSWER 

OF  THE  COUNCIL  TO  THE  GOVERNOR'S  SPEECH,  JUNE  9,  1774. 

May  it  please  your  Excellency, 

YOUR  speech  to  the  two  Houses,  at  the  opening  of  the  session, 
has  been  duly  considered.  His  Majesty  having  been  pleased  to 
appoint  you  to  the  government  of  this  province,  we  take  this  op 
portunity  to  wait  on  you,  with  our  congratulations,  on  that  occasion. 
Your  Excellency  has  arrived,  at  a  juncture,  when  the  harmony 
between  Great  Britain  and  the  colonies  is  greatly  interrupted ; 
whereby  your  station,  though  elevated,  must  needs  be  rendered 
less  agreeable  to  you,  than  otherwise  it  would  have  been.  But,  if 
you  should  be  the  happy  instrument  of  restoring,  in  any  measure, 
that  harmony,  and  of  extricating  the  province  from  their  present 
embarrassments,  you  will,  doubtless,  consider  these  happy  effects 
as  more  than  a  compensation  for  any  inconveniences  arising  to 
you  from  the  peculiar  circumstances  of  the  times.  His  Majesty's 
faithful  Council  will,  on  all  occasions,  cheerfully  cooperate  with 
your  Excellency.,  in  every  attempt  for  accomplishing  those  desira 
ble  ends. 

We  wish  your  Excellency  every  felicity.  The  greatest,  of  a 
political  nature,  both  to  yourself  and  the  province,  is,  that  your 
administration,  in  the  principles  and  general  conduct  of  it,  may  be 
ajiappy  contrast  to  thatof  your  two  immediate  predecessors.  It 
is  irksome  t(T us  to  Censure  any  one,  but  we"are TconstrSTnecnicf  say, 
that  there  is  the  greatest  reason  to  apprehend,  that  from  their 
machinations,  both  in  concert  and  apart,  are  derived  the  origin 
and  progress  of  the  disunion  between  Great  Britain  and  the  colo 
nies,  and  the  present  distressed  state  of  the  province  ;  a  province, 
to  which,  the  latter  of  them,  in  an  especial  manner,  owed  his  best 
services,  and  whose  liberties  and  rights,  he  was  under  every  obli 
gation  of  duty  and  gratitude  to  support. 

The  inhabitants  of  this  colony,  claim  no  more  than  the  rights  of 
Englishmen,  without  diminution  or  abridgment.  These,  as  it 


MASSACHUSETTS    STATE    PAPERS.  415 

will  be  our  indispensable  duty,  so  it  shall  be  our  constant  endea 
vor,  to  maintain,  to  the  utmost  of  our  power,  in  perfect  con 
sistence,  however,  with  the  truest  loyalty  to  the  Crown  ;  the  just 
prerogatives  of  which,  your  Excellency  will  find  this  Board  ever 
zealous  to  support. 

Permit  us,  sir,  on  this  occasion,  to  express  the  firmest  confi 
dence,  that,  under  their  present  grievances,  the  people  of  this 
province,  will  not,  in  vain,  look  to  your  Excellency,  for  your  pater 
nal  aid  and  assistance  :  and,  as  the  great  end  of  government  is 
the  good  of  the  people,  that  your  experience  and  abilities  will  be 
applied  to  attain  that  end.  The  steady  pursuit  of  which,  at  the 
same  time  it  ensures  their  confidence  and  esteem,  will  be  a  source 
of  the  truest  enjoyment,  self  approbation.  We  thank  your  Excel 
lency,  for  the  assurance  you  have  given,  that  you  will,  with  plea 
sure,  concur  with  the  two  Houses,  to  the  utmost  of  your  power,  in 
all  matters  that  tend  to  the  welfare  and  prosperity  of  the  province; 
and  your  Excellency  may  be  assured,  that  we  shall  contribute 
every  thing  on  our  part,  to  promote  measures  of  so  salutary  a  ten 
dency. 

[The  committee,  appointed  to  present  the  above  to  the  Gover 
nor,  reported,  that,  wnen  the  chairman  had  proceeded  as  far  as 
that  part  of  the  address,  which  expressed  a  wish,  "  that  his  admin 
istration  might  be  a  happy  contrast  to  that  of  his  two  immediate 
predecessors,"  the  Governor  desired  the  chairman  not  to  pro 
ceed  any  further,  as  he  could  not  receive  an  address,  which  reflect 
ed  so  highly  on  his  predecessors ;  but,  that  he  would  assign  his 
reasons  to  the  Council,  in  writing.] 


MESSAGE 

FROM  THE  GOVERNOR  TO  THE  COUNCIL,  JUNE  14,  1774. 

Gentlemen  of  the  Council, 

I  CANNOT  receive  an  address,  which  contains  indecent  reflec 
tions  on  my  predecessors,  who  have  been  tried,  and  honorably 
acquitted,  by  the  Lords  of  the  Privy  Council,  and  their  conduct 
approved  by  the  King.  I  consider  the  address  as  an  insult  upon 
his  Majesty,  aad  the  Lords  of  the  Privy  Council,  and  an  affront  to 
myself.  THO.  GAGE. 


416  MASSACHUSETTS   STATE    PAPERS. 

n 

\  "  On  the  17th  of  June,  the  Governor  directed  the  Secretary  to 
acquaint  the  two  Houses,  it  was  his  pleasure  the  General  Assembly 
should  be  dissolved;  and  to  declare  the  same  dissolved  accordingly. 
The  Secretary  went  to  the  Court  House,  and  finding  the  door  of 
the  Representative's  Chamber  locked,  directed  the  Messenger  to 
go  in,  and  acquaint  the  Speaker,  that  the  Secretary  had  a  message 
from  his  Excellency  to  the  honorable  House,  and  desired  he  might 
be  admitted,  to  deliver  it.  The  Messenger  soon  returned,  and 
said  he  had  acquainted  the  Speaker,  who  mentioned  it  to  the 
House  ;  and  their  orders  were,  to  keep  the  door  fast.  Whereupon, 
the  following  proclamation  was  published  on  the  stairs  leading  to 
the  Representative's  Chamber,  in  presence  of  a  number  of  the 
Members  of  the  House,  and  divers  other  persons ;  and  immediately 
after  in  Council."  Extract  from  Journal  of  Gen.  Court* 


Province  of  Massachusetts  Bay. 

>     BY  THE  GOVERNOR A  PROCLAMATION  FOR  DISSOLVING  THE  GENERAL. 

COURT. 

WHEREAS,  the  proceedings  of  the  House  of  Representatives, 
in  the  present  session  of  the  General  Court,  make  it  necessary  for 
his  Majesty's  service,  that  the  said  General  Court  should  be  dis 
solved  ;  I  have,  therefore,  thought  fit  to  dissolve  the  said  General 
Court ;  and  the  same  is  hereby  dissolved  accordingly ;  and  the 
Members  thereof,  are  discharged  from  any  further  attendance. 

Given  under  my  hand,  at  Salem,  the  17th  day  of  June,  1774,  in 
the  fourteenth  year  of  his  Majesty's  reign.  THO.  GAGE. 

By  his  Excellency's  command, 

THO.  FLUCKER,  Secretary. 

God  save  the  King. 


r 

[Before  the  General  Court  separated,  they  elected  five  delegates, 
to  meet  such  as  should  be  chosen  by  the  other  colonies,  to  convene 
at  Philadelphia,  to  consider  the  critical  and  alarming  situation  of 
the  country.  They  met  in  September,  1774,  and  delegates  from 
all  the  other  provinces,  (except  Georgia,  which,  however,  soon 
afterwards  joined  the  confederacy,)  convened  there,  at  that  period, 
and  formed  the  first  Continental  Congress.  The  following  gentle 


MASSACHUSETTS    STATE    PAPERS. 


u  I 


men  were  appointed  delegates  :  Thomas  Gushing,  Samuel  Adams, 
Robert  T.  Paine,  James  Bowdoin,  and  John  Adams.  And  as  the. 
General  Court  was  dissolved,  it  was  also  proposed  to  have  a  Pro 
vincial  Congress,  or  meeting  of  deputies,  from  every  town  in  this 
state.  Deputies  were  accordingly  chosen,  and  met  at  Salem, 
October  7th,  1774.  An  adjournment  was  immediately  voted,  to 
Concord.  John  Hancock,  was  chosen  President,  and  Benjamin 
Lincoln,  Secretary.  A  committee  was  appointed,  to  consider  the 
state  of  the  province,  consisting  of  the  following  gentlemen,  viz. 
the  President,  Joseph  Hawley,  Dr.  Joseph  Warren,  Samuel  Dex 
ter,  Col.  Ward,  Col.  Warren,  Capt.  Heath,  Col.  Lee,  Dr.  Church, 
Dr.  Holtan,  Mr.  Gerry,  Col.  Tyng,  Capt.  Robinson,  Maj.  Foster, 
and  Mr.  Gorham.  The  day  following,  the  committee  reported  a 
message  to  Gov.  Gage,  which  was  accepted  5  and  is  as  follows  :] 


MESSAGE 

PROM  THE  PROVINCIAL  CONGRESS,  SITTING  AT  CONCORD,  TO  HIS 
EXCELLENCY  GOVERNOR  GAGE. 

May  it  please  your  Excellency, 

THE  delegates,  from  the  several  towns,  in  the  province  of 
Massachusetts  Bay,  convened  in  Congress,  beg  leave  to  address 
you.  The  distressed  and  miserable  state  of  the  province,  occa 
sioned  by  the  intolerable  grievances  and  oppressions  to  which  the 
people  are  subjected,  and  the  danger  and  destruction  to  which 
they  are  exposed,  of  which  your  Excellency  must  be  sensible,  and 
the  want  of  a  General  Assembly,  have  rendered  it  indispensably 
necessary  to  collect  the  wisdom  of  the  province,  by  their  delegates, 
in  this  Congress,  to  concert  some  adequate  remedy  for  preventing 
impending  ruin,  and  providing  for  the  public  safety. 

It  is  with  the  utmost  concern,  we  see  your  hostile  preparations, 
which  have  spread  such  alarm  through  the  province,  and  the  whole 
continent,  as  threaten  to  involve  us  in  all  the  ^fcnfusion  and  hor 
rors  of  civil  war  :  and,  while  we  contemplate  an  event  so  deeply 
to  be  regretted  by  every  good  man,  it  must  occasion  the  surprise 
and  astonishment  of  all  mankind,  that  such  measures  are  pursued, 
against  a  people,  whose  love  of  order,  attachment  to  Britain,  and 
loyalty  to  their  prince,  have  ever  been  truly  exemplary.  Your 
Excellency  must  be  sensible,  that  the  sole  end  of  government  is 
the  protection  and  security  of  the  people :  whenever,  therefore, 
that  power,  which  was  originally  instituted  to  effect  these  impor 
tant  and  valuable  purposes,  is  employed  to  harrass  and  enslave 
the  people  ;  in  this  case,  it  becomes  a  curse,  rather  than  a  bles 
sing. 

53 


418  MASSACHUSETTS   STATE  PAPERS. 

The  most  painful  apprehensions  are  excited  in  our  minds,  bj 
the  measures  now  pursuing;  the  rigorous  execution  of  the  (Boston) 
port  bill,  with  improved  severity,  must  certainly  reduce  the  capi 
tal  and  its  numerous  dependences  to  a  state  of  poverty  and  ruin. 
The  acts  for  altering  the  charter,*  and  the  administration  of  jus 
tice  in  the  colony,  are  manifestly  designed  to  abridge  this  people  of 
their  rights,  and  to  license  murders;  and,  if  carried  into  execu 
tion,  will  reduce  them  to  slavery.  The  number  of  troops  in  the 
capital,  increased  by  daily  accessions  drawn  from  the  whole  con 
tinent,  together  with  the  formidable  and  hostile  preparations, 
which  you  are  now  making  on  Boston  Neck,  in  our  opinion,  greatly 
endanger  the  lives,  liberties,  and  property,  not  only  of  our  breth 
ren  in  the  town  of  Boston,  but  of  this  province  in  general.  Permit 
us  to  ask  your  Excellency,  whether  an  inattentive  and  unconcerned 
acquiescence  to  such  alarming,  such  menacing  measures,  would 
not  evidence  a  state  of  insanity  ?  Or,  whether  the  delaying  to 
take  every  possible  precaution  for  the  security  of  this  province, 
would  not  be  the  most  criminal  neglect  in  a  people,  heretofore 
rigidly  and  justly  tenacious  of  their  constituted  rights? 

Penetrated  with  the  most  poignant  concern,  and  ardently  soli- 
citious  to  preserve  union  and  harmony  between  Great  Britain  and 
the  colonies,  necessary  to  the  well  being  of  both,  we  entreat  your 
Excellency  to  remove  that  brand  of  contention,  the  fortress  at  the 
entrance  of  Boston.  We  are  much  concerned,  that  you  should 
have  been  induced  to  construct  it,  and  thereby,  causelessly  excite 
such  a  spirit  of  resentment  and  indignation,  as  now  generally 
prevails. 

We  assure  you,  that  the  good  people  of  this  colony,  never  have 
had  the  least  intention  to  do  any  injury  to  his  Majesty's  troops ; 
but,  on  the  contrary,  most  earnestly  desire,  that  every  obstacle  to 
treating  them  as  fellow  subjects,  may  be  immediately  removed  : 
but  are  constrained  to  tell  your  Excellency,  that  the  minds  of  the 
people  will  never  be  relieved,  till  those  hostile  works  are  demolish 
ed.  And  we  request  you,  as  you  regard  his  Majesty's  honor  and 
interest,  the  dignity,  and  happiness  of  the  empire,  and  the  peace 
and  welfare  of  this  province,  that  you  immediately  desist  from  the 
fortress,  now  constructing  at  the  south  entrance  into  the  town  of 
Boston,  and  restore  the  pass  to  its  natural  state. 

*  In  June  of  this  year,  an  act  of  Parliament  was  passed,  revoking  that  part  of  the  charter 
which  allowed  the  Representatives  of  the  people  to  elect  Counceilors  ;  and  the  King,  with  the 
advice  of  his  Ministers,  was  empowered  to  appoint  them ;  and,  in  August,  he  accordingly 
appointed  others,  commonly  called  mandamus  counsellors ;  being  wholly  independent  of 
the  people,  and  holding  their  office  of  the  Crown,  they  were  likely  to  be  fit  instruments  of 
oppression  and  tyranny. 


MASSACHUSETTS    STATE    PAPERS.  419 


ADDRESS 

OF  THE  PROVINCIAL  CONGRESS  TO  THE  INHABITANTS  OF  THE  TOWNS  AND 
DISTRICTS  OF  MASSACHUSETTS  BAY,  DECEMBER  4,  1774. 

Friends  and  Brethren, 

AT  a  time  when  the  good  people  of  this  colony  were  deprived 
of  their  laws,  and  the  administration  of  justice ;  when  the  cruel 
oppressions  brought  on  their  capital  had  stagnated  almost  all  their 
commerce;  when  a  standing  army  was  illegally  posted  among  us, 
for  the  express  purpose  of  enforcing  submission  to  a  system  of 
tyranny  ;  and,  when  the  General  Court  was,  with  the  same  design, 
prohibited  to  sit;  we  were  chosen,  and  empowered  by  you,  to  as 
semble,  and  consult  upon  measures  necessary  for  our  common 
safety  and  defence.  With  much  anxiety  for  the  common  welfare, 
we  have  attended  this  service,  and  upon  the  coolest  deliberation, 
have  adopted  the  measures  recommended  to  you. 

We  have  still  confidence  in  the  wisdom,  justice,  and  goodness 
of  our  Sovereign,  as  well  as  in  the  integrity,  humanity,  and  good 
sense  of  the  nation.  And,  if  we  had  a  reasonable  expectation,  that 
the  truth  of  facts  would  be  made  known  in  England,  we  should 
entertain  the  most  pleasing  hopes,  that  the  measures  concerted, 
by  the  colonies,  jointly  and  severally,  would  procure  a  full  redress 
of  our  grievances  :  but,  we  are  constrained  in  justice  to  you,  to 
ourselves,  and  posterity,  to  say,  that  the  incessant  and  unrelenting 
malice  of  our  enemies  has  been  so  successful,  as  to  fill  the  Court 
and  kingdom  of  Great  Britain,  with  falsehood  and  calumnies  con 
cerning  us,  and  excite  the  most  bitter  and  groundless  prejudices 
against  us  ;  that  the  sudden  dissolution  of  Parliament,  and  the 
hasty  summons  for  a  new  election,  gives  us  reason  to  apprehend, 
that  a  majority  of  the  House  of  Commons  will  be  again  elected, 
under  the  influence  of  an  arbitrary  Ministry ;  and,  that  the  gen 
eral  tenor  of  our  intelligence  from  Great  Britain,  with  the  frequent 
reinforcements  of  the  army  and  navy  at  Boston,  excites  the  strong 
est  jealousy,  that  the  system  of  colony  administration,  so  un 
friendly  to  the  protestant  religion,  and  destructive  of  American 
liberty,  is  still  to  be  pursued,  and  attempted  with  force,  to  be 
carried  into  execution. 

You  are  placed,  by  Providence,  in  a  post  of  honour,  because  it 
is  a  post  of  danger  ;  and  while  struggling  for  the  noblest  objects, 
the  liberties  of  our  country,  the  happiness  of  posterity,  and  rights 
of  human  nature,  the  eyes,  not  only  of  North  America  and  the 
whole  British  empire,  but  of  all  Europe,  are  upon  you.  Let  us 
be,  therefore,  altogether  solicitous,  that  no  disorderly  behavior, 
nothing  unbecoming  our  character,  as  Americans,  as  citizens,  anil 
Christians,  be  justly  chargeable  to  us. 


420  MASSACHUSETTS  STATE   PAPERS. 

"Whoever,  \vith  a  small  degree  of  attention,  contemplates  the 
commerce  between  Great  Britain  and  America,  will  be  convinced, 
that  a  total  stoppage  thereof,  will  soon  produce  in  Great  Britain 
such  dangerous  effects,  as  cannot  fail  to  convince  the  Ministry, 
the  Parliament,  and  people,  that  it  is  their  interest  and  duty  to 
grant  us  relief.  Whoever  considers  the  number  of  brave  men 
inhabiting  North  America,  well  know,  that  a  general  attention  to 
military  discipline,  must  so  establish  their  rights  and  liberties,  as 
under  God,  to  render  it  impossible  for  an  arbitrary  Minister  of 
Britain,  to  destroy  them.  These  are  facts,  which  our  enemies  are 
apprized  of,  and  if  they  will  not  be  influence!  by  principles  of  jus 
tice,  to  alter  their  cruel  measures  towards  America,  these  ought  to 
lead  them  thereto.  They,  however,  hope  to  effect  by  stratagem, 
what  they  may  riot  obtain  by  power,  and  are  using  arts,  by  the 
assistance  of  base  scribblers,  who  undoubtedly  receive  their  bribes, 
and  by  many  other  means,  to  raise  doubts  and  divisions  through 
out  the  colonies. 

To  defeat  their  wicked  designs,  we  think  it  necessary  for  each 
town  to  be  particularly  careful,  strictly  to  execute  the  plans  of 
the  Continental  and  Provincial  Congress  ;  and,  while  it  censures 
its  own  individuals,  counteracting  those  plans,  that  it  be  not  de 
ceived,  or  diverted  from  its  duty  by  rumors,  should  any  take  place, 
to  the  prejudice  of  other  communities.  Your  Provincial  Congresses, 
we  have  reason  to  hope,  will  hold  up  the  towns,  if  any  should  be 
so  lost,  as  not  to  act  their  parts  ;  and  pone  can  doubt,  that  the 
Continental  Congress  will  rectify  errors,  should  any  take  place, 
in  any  colony,  through  the  subtilty  of  our  enemies.  Surely,  no 
arguments  can  be  necessary,  to  excite  you  to  the  most  strict  ad 
herence  to  the  American  Association,  since  the  minutest  deviation 
in  one  colony,  especially  in  this,  will  probably  be  misrepresented 
in  the  others,  to  discourage  their  general  zeal  and  perseverance, 
which,  however,  we  assure  ourselves,  cannot  be  effected. 

While  the  British  Ministry  are  suffered,  with  a  high  hand,  to  ty 
rannise  over  America,  no  part  of  it,  we  presume,  can  be  negligent 
in  guarding  against  the  ravages  threatened  by  the  standing  army, 
now  in  Boston  ;  these  troops  will,  undoubtedly,  be  employed  in 
attempts  to  defeat  the  association,  which  our  enemies  cannot  but 
fear,  will  eventually  defeat  them;  and,  so  sanguinary  are  those,  our 
enemies,  as  we  have  reason  to  think,  so  thirsty  for  the  blood  of 
this  innocent  people,  who  are  only  contending  for  their  rights,  that 
we  should  be  guilty  of  the  most  unpardonable  neglect,  should  we 
not  apprize  you  of  your  danger,  which  appears  to  us  immmently 
great,  and  ought,  attentively,  to  be  guarded  against.  \The  im 
provement  of  the  militia  in  general,  in  the  art  military,  has  been 
therefore  thought  necessary,  and  strongly  recommended  by  this 
Congress.  We  now  think,  that  particular  care  should  be  taken 
i  by  the  towns  and  districts  in  this  colony,  that  each  of  the  minute 
{men,  not  already  provided  therewith,  should  be  immediately  equip- 


MASSACHUSETTS    STATE    PAPERS.       .  42] 

ped  with  an  effective  fire  arm,  bayonet,  pouch,  knapsack,  thirty 
rounds  of  cartridges  and  ball,  and,  tliat  they  be  disciplined  three 
times  a  week,  and  oftener,  as  opportunity  may  offer. 

To  encourage  these,  our  worthy  countrymen,  to  obtain  the  skill 
of  complete  soldiers,  we  recommend  it  to  the  towns,  and  districts, 
forthwith  to  pay  their  own  minute  men  a  reasonable  consideration 
for  their  services;  and,  in  case  of  a  general  muster,  their  further 
services  must  be  recompensed  by  the  province.  An  attention  to 
discipline  in  the  militia,  in  general,  is,  however,  by  no  means  to 
be  neglected. 

With  the  utmost  cheerfulness,  we  assure  you,  of  our  determina 
tion  to  stand  or  fall,  with  the  liberties  of  America  ;  and  while  we 
humbly  implore  the  sovereign  closer  of  all  things,  to  whose 
divine  Providence,  the  rights  of  His  creatures  cannot  be  indifferent, 
to  correct  the  errors,  and  alter  the  measures  of  an  infatuated  Min 
istry,  we  cannot  doubt  of  his  support,  even  in  the  extreme  difficul 
ties,  which  we  all  may  have  to  encounter.  May  all  means 
devised,  for  our  safety,  by  the  general  Congress  of  America,  and 
Assemblies,  or  Conventions  of  the  colonies,  be  resolutely  executed, 
and  happily  succeeded  ;  and  may  this  injured  people  be  reinstated 
in  the  full  exercise  of  their  rights,  without  the  evils  and  devasta 
tions  of  civil  w£rTi 


[Other  documents  might  have  been  given,  which  would  be  inter 
esting  to  the  people  of  Massachusetts,  and  of  the  kind  promised 
m  the  proposal,  for  publishing  this  volume.  But,  the  controversy 
respecting  the  extent  of  the  rights  of  the  colonies,  for  many  years 
maintained,  chiefly  by  the  Legislature,  and  individual  citizens  ot 
Massachusetts,  had,  at  this  period,  become  general  through  the 
provinces  5  and,  a  Continental  Congress,  having  been  appointed, 
and  convened,  to  consider  the  political  condition  of  the  country, 
it  is  not  necessary  to  give  any  further  proceedings  of  the  people  of 
this  State.  It  is  true,  also,  that  all  important  events,  subsequent 
to  1774,  are  preserved  in  various  public  journals,  to  which  the  fu 
ture  historian  of  America,  may  easily  have  access.] 


CONTENTS. 


Introductory  Remarks,              -           .'-           -           -           -           .           -           .  3 

Governor  Bernard's  Speech,           ---____„  17 

.  Aimyer  of  General  Court,  respecting  grievances,    ---...  18 

Petition  of  the  two  Houses,  to  House  of  Commons,  as  to  acts  of  revenue,        -  21 

Letter  from  Committee  of  General  Court  to  their  Agent,  on  same  subject,  24 

Statement  of  services  of  this  colony,         *-<        -           -           -           -           -           -  25 

Speecli  of  Governor  Bernard,               •'»•{!,'           -           -           *           -           ~  28 

Answer  of  the  Council  to  the  above,          -       p&           -  29 

Letter  from  Agent  in  England,            -          '-'Jr«4     ......  30 

letter  from  Agent  in  England,     --------  31 

Letter  from  the  Council  to  Agent,        -         lv           -           _           .           .           .           .  31 

Governor  Bernard's  Speech,  33 

Proceedings  of  the  House  of  Representatives,  for  a  Continental  Congress,          -           -  35 

Circular  Letter  respecting  a  Continental  Congress,      -           ...  36 

Petition  of  Continental  Congress  to  the  King,  1765,  -           -           -            -                        -  37 

Governor  Bernard's  Speech,  September,  1765,  respecting  colony  rights,      -           -  39 

Answer  of  House  of  Representatives  to  the  above,    --.-..  43 

Speech  of  Governor  Bernard,  respecting  stamps,           .....  49 

Answer  of  House  of  Representatives  to  the  above,               .....  49 

Resolves  of  House  of  Representatives,  as  to  the  rights  of  the  colonies,  October,  1765,  50 
Message  from  House  of  Representatives  to  Council,  as  to  drawing  money  from  the 

Treasury,       ...--.----.5] 

Reply  of  Council  to  the  above,      «.---                       ...  53 
Answer  to  the  above,       _..-..                                                -54 

Speech  of  Governor  Bernard  to  the  foregoing,  59 

Speech  of  Governor,  and  Answer  thereto,      -  63 

Report  respecting  grievances,        -  64 

Proceedings  of  General  Court,  as  to  stopping  of  the  Courts,         -                                    -  65 

Letter  from  Agent  in  England,      -                                                           ...  gfi 

Letter  from  Secretary  of  State  to  Governor  Bernard,           -           -                       -  65 

Letters  from  Agent  in  England,  to  Government,  69 

Speech  of  Governor  Bernard  on  repeal  of  Stampt  Act,        -           -                       -           -  74 

Answer  of  House  of  Representatives  to  the  foregoing,  76 

Speech  of  Governor  Bernard,  referring  to  acts  of  Parliament,       -  81 

Answer  of  Council  to  the  foregoing,           .....  34 

Answer  of  House  of  Representatives  to  the  foregoing,        -                                               -  88 
Address  of  Thanks  from  House  of  Representatives  to  the  King,  on  repeal  of  Stamp 

Act,  91 

Address  of  Thanks  to  several  noblemen,  92 
Answer  of  House  of  Representatives  to  Governor,  on  compensation  to  those  who 

lost  by  riot,          ----------  gj 

Message  from  the  Governor  to  the  House  of  Representatives  on  same  subject,                -  94 

Reply  of  House  of  Representatives  to  the  above,  OQ 

Speech  of  Governor  Bernard  on  same  subject,                                                           -           -  97 

Answer  of  House  of  Representatives  to  the  foregoing,  97 

Speech  of  the  Governor  on  same  question,      -                                                                       -  98 

Letter  of  Lord  Shelburne  on  same,           -  99 

Resolves  of  House  of  Representatives  relating  to  same,                                          -           -  100 

Letter  from  Agent  in  England,  on  same,  J0i 

Speech  of  Governor  at  opening  of  session,      -                                                                       -  102 

Answer  of  House  of  Representatives  on  extent  of  rights,  &c-  103 

Message  of  House  of  Representatives  to  Governor,  as  to  troops,     -                                   -  105 

Answer  of  Governor  to  above,        -_-.-.--  10g 

Message  from  House  of  Representatives  to  Governor,  on  his  ordering  pay  for  the  troops,  107 

Reply  of  Governor  Bernard  to  the  foregoing,                                                         -           -  108 

Governor's  Speech  at  opening  of  the  Session,  May,  1767,  recommending  harmony,  109 

Message  from  Governor,  on  arrival  of  troops,           ....-_  io9 

Answer  of  House  of  Representatives  to  the  above,  110 

Resolve  of  General  Court,  making  usual  provision  for  troops,        -           -           -  112 

Resolve  of  House  of  Representatives  as  to  their  Letters,  &c.  112 

Message  from  the  Governor,  in  reference  to  said  letters,     -----  113 

Answer  of  House  of  Representatives  on  above,  and  others  written  by  the  Governor,  113 
I«tter  from  Lord  Shelburne  to  Governor  Bernard,  respecting  rights, 
Message  of  Governor  to  the  House  of  Representatives,  as  to  a  libel,         ... 
Reply  of  House  of  Representatives,           -                       ...--.] 
Speech  of  Governor  Bernard,  vindicating  his  conduct,      -          - 


CONTENTS.  423 

Petition  of  House  of  Representatives  to  the  King,         -  -  121 

Letter  of  House  of  Representatives  to  Agent  in  England,  in  January,  1769,  on  colony 

rights,  &c.        -  -        124 

Circular  letter  of  House  of  Representatives  to  other  colonies,  respecting  the  Brit 
ish  revenue  acts,  134 
Letter  of  House  of  Representatives  to  Lord  Shelburne.  on  same  subject,  in  England, 
Letter  from  Agent  in  England,                                                 -  1-12 
Letter  of  House  of  Representatives  to  Marquis  of  Rockingham,  on  grievances, 
Speech  of  Governor  Bernard,  May,  1768,         -------        145 

Message  of  Governor  to  House  of  Representatives,  requiring  them  to  rescind  their  cir 
cular,       -----------  145 

Reply  of  House  of  Representatives  to  foregoing,       ------        146 

Message  of  Governor,  communicating  letter  of  Lord  Hillsborough,   -  -          •  -  146 

Message  of  House  of  Representatives,  refusing  to  rescind,  -        147 

General  Court  dissolved,  June,  1768,          ------  150 

Letter  of  House  of  Representatives  to  Lord  Hillshorough,  June,  1768,  -        151 

Resolutions  of  Council,  vindicating  their  conduct,  156 

Statement  of  difficulty,  and  dispute  about  troops,     -  158 

Resolves  of  House  of  Representatives  respecting  Governor  Bernard's  letters,  160 

Letter  from  Agent  in  England,  about  circular  letter,          -  -  -  -  -        160 

Letter  from  Agent  in  England,  about  circular  letter  of  House  of  Representatives,  161 

Letter  of  Council  to  Lord  Hillsborough,  vindicating  their  conduct,  16Z 

Message  of  House  of  Representatives  to  Governor  Bernard,  election  day,  1769,  com 
plaining  of  a  military  guard,  -  -  -  165 
Protest  of  House  of  Representatives,  on  same  subject,  same  time,  -  ~  167 
Answer  of  Governor  Bernard,  same  time,  -  163 
Speech  of  Governor  Bernard  to  the  two  Houses,  168 
Answer  of  House  of  Representatives  to  the  above,  complaining  of  troops  stationed  in 

Boston,  169 

Message  of  Governor  Bernard  to  House  of  Representatives,  as  to  troops,  171 

Answer  of  the  House  of  Representatives,  defending  their  rights,  Jkc.  -        172 

Resolves  of  House  of  Representatives,  condemning  the  stationing  of  troops  here,  -  174 

Message  of  the  Governor  to  House  of  Representatives,  to  proceed  to  usual  business,     -        175 
Message  of  the  Governor,  informing  of  his  going  to  England,  175 

Hesolves  of  House  of  Representatives  on  colony  and  charter  rights,  &c.  176 

Answer  of  the  two  Houses  to  the  Governor's  speech,       -  -  180 

Answer  of  House  of  Representatives  to  Governor's  message  of  his  going  to  England,  -        181 
Message  of  Governor  Bernard,  requesting  provision  for  the  troops,    - 
Message  of  Governor  Bernard,  about  barracks  for  troops,  - 

Reply  of  House  of  Representatives  to  the  two  last,  184 

Speech  of  the  Governor  to  both  Houses,  complaining  of  unkind  treatment,  -        182 

Petition  of  House  of  Representatives  to  the  King,  to  remove  Governor  Bernard,     - 
Letter  from  the  two  Houses  to  Agent  in  England,  about  appeals  to  England,     - 
Letter  from  Agent  in  England,  on  public  measures,       -  19-j 

Speech  of  Lieutenant  Governor  Hutchinson  to  both  Houses,  giving  reasons  for  pro 
roguing  the  Court,  and  holding  it  at  Cambridge,  -  -  Igj 

Remonstrance  of  House  of  Representatives  against  the  above,  J22 

Message  of  the  Lieutenant  Governor  to  House  of  Representatives,  on  same  subject,     -        Igjj 
Answer  of  House  of  Representatives  to  the  Lieutenant  Governor,  oij  same  subject, 
Message  of  Lieutenant  Governor,  and  reply  of  House  of  Representatives  on  same  sub 
ject,      --------  IQj 

Message  of  Lieutenant  Governor,  about  his  instructions, 

Message  of  House  of  Representatives,  complaining  of  removal  of  Court, 

Reply  of  Lieutenant  Governor  to  the  above, 

Resolutions  of  House  of  Representatives  on  same  subject,  - 

Message  of  Lieutenant  Governor,  about  a  riot  at  Gloucester,  ^5! 

Resolves  of  House  of  Representatives,  to  the  above, 

Message  of  House  of  Representatives  to  Lieutenant  Governor,  May  31, 1770,  complain 
ing  of  being  convened  out  of  Boston,  2»r 

Protest  respecting  the  same,       -  20* 

Speech  of  Lieutenant  Governor  at  opening  of  Session,  May,  1770,  %£ 

Message  from  Lieutenant  Governor  to  House  of  Representatives,  justifying  removal 

ofCourt,        ------  -       2K 

Message  from  Lieutenant  Governor  to  House  of  Representatives,  about  instructions,  gJJ 

Resolves  of  House  of  Representatives  against  holding  General  Court  out  of  Boston,     -        2K 

Message  of  House  of  Representatives,  on  same  subject, 

Message  from  Lieutenant  Governor,  urging  to  proceed  to  usual  business, 

Resolves  of  House  of  Representatives,  adhering  to  former  vote, 

Address  of  Council  to  Lieutenant  Governor,  as  to  Court  sitting  in  Cambridge, 

Reply  of  Lieutenant  Governor  to  the  foregoing, 

Message  of  House  of  Representatives  to  Lieutenant  Governor,  declining  to  proceed 

to  business  in  Cambridge,  -  22f 

Answer  of  Lieutenant  Governor  to  the  foregoing, 

Message  of  Council  to  Lieutenant  Governor,  as  to  force  of  ministerial  instructions,    - 
—  Letter  of  the  Council  to  Agent  in  England,  giving  an  account  of  the  Massacre,    -  Sc; 

Message  of  House  of  Representatives  to  Lieutenant  Governor,  praying-  to  be  remov 
ed  to  Boston,  or  prorogued,  23; 

Message  of  Lieutenant  Governor  to  both  Houses,  declining  removing  General  Court         "* 
to  Boston,  -  -  -  -  -  -  .  ..._  23, 

Message  of  House  of  Representatives^  refusing  to  proceed  to  business. 


424  CONTENTS. 


83; 


Speech  of  Lieutenant  Governor,  justifying  the  holding  of  General  Court  at  Cambridge, 
Message  of  House  of  Representatives  to  Lieutenant  Governor,  shewing  why  they 

could  not  act  on  public  business  out  of  Boston,        -  -  ...  340 

Reply  of  Lieutenant  Governor  to  above,  contending  for  a  right  to  convene  the  Court 

at  Cambridge,  ...----.__  249 

Speech  of  Lieutenant  Governor,  September,1770,  urging  to  proceed  to  public  business,  255 

Message  of  House  of  Representatives  to  Lieutenant  Governor,  -  257 

Reply  of  Lieutenant  Governor  to  foregoing,  ----_„  258 

v  Message  of  House  of  Representatives,  complaining  of  putting  regular  troops  at  the 

Castle,  ......  ...  ass 

;  Reply  of  Lieutenant  Governor,  vindicating  himself,  .  «  259 

Message  of  House  of  Representatives  to  Lieutenant  Governor,  about  the  Castle,    -  261 

Answer  of  Lieutenant  Governor  to  the  foregoing,  .....  262 

Message  to  Lieutenant  Governor,  from  Council,  requesting  a  sight  of  Letters  from 

England,  concerning  them,  .......  262 

Statement  of  complaint  against  the  Council,  ......  262 

Report  of  Council  as  to  Secretary  Oliver's  deposition  of  their  doings,  -  -  264 

Letter  of  Council  to  Agent  in  England,  on  same  subject,  ....  273 

Message  of  Lieutenant  Governor,  as  to  the  enacting  style  of  laws,     -  278 

Answer  of  House  of  Representatives  to  the  above,  .....  278 

Message  of  Lieutenant  Governor  on  same  subject,          .....  285 

Message  of  House  of  Representatives  to  Lieutenant  Governor,  on  same  subject,  -  281 

Resolves  of  House  of  Representatives,  November,  1770,  against  holding  Court  at 

Cambridge,  286 
Message  of  House  of  Representatives  to  Lieutenant  Governor,  complaining  of  his  giv 
ing  up  the  Castle,          _--...---  287 
Message  of  House  of  Representatives,  respecting  the  Militia,         ....  289 

Message  of  Lieutenant  Governor  to  House  of  Representatives,  as  to  enacting  style  of 

laws,         .....  290 

Message  of  Lieutenant  Governor,  April,  1771,  ......  J94 

Answer  of  House  of  Representatives  to  the  above,  .....  296 

Message  from  House  of  Representatives  to  Governor,  about  grant  for  his  salary,          -  298 

Answer  of  Governor  to  the  foregoing,      .......  298 

Speech  of  Governor  about  settlers  on  eastern  lands,  .....  300 

Protest  of  House  of  Representatives,  against  holding  General  Court  at  Cambridge,  302 
Answer  of  House  of  Representatives  to  the  Governor's  Speech,  vindicating  the  char 
acter  of  the  people,       .........  304 

Resolves  of  House  of  Representatives,  as  to  the  Governor's  salary  from  the  Crown,  328 

Message  of  House  of  Representatives  to  the  Governor,  on  same  subject,  -  -  339 

Governor's  Message  about  repairs  on  Province  House,  330 

Reply  of  House  of  Representatives,  on  same  subject,  -  -  -  -  330 

Message  of  the  Governor  to  House  of  Representatives,  as  to  his  right  to  receive  his 

salary  from  the  Crown,  ........  331 

Speech  of  Governor  Hutchinson,  on  the  power  of  Parliament,  and  rights  of  colony,     -  336. 

Reply  of  the  Council  to  the  Governor,  on  the  same  subject,  342 
Reply  of  the  House  of  Representatives  to  the  Governor,  on  the  same  subject, 

Message  to  the  Governor,  as  to  salary  of  Judges,  365 

Answer  of  the  Governor,  to  the  above,  -.-----  365 

Message  of  House  of  Representatives  to  the  Governor,  as  to  Judges  salaries,  •  366 

Speech  of  the  Governor  to  the  two  Houses,  on  the  Power  of  Parliament,  &c.  -  368 

Answer  of  the  Council,  to  the  foregoing,  ._.--- 

Answer  of  the  House  of  Representatives,  on  the  same  subject,        ....  384 

Resolves  of  House  of  Representatives,  as  to  Judges  receiving  salaries  from  theCrown,  396 

Letter  of  the  two  Houses  to  Lord  Dartmouth,  respecting  dispute  with  the  Governor,     .  ; 

Counsellors  rejected  by  the  Governor,  -  -  -  -  _  400 

Resolves  of  House  of  Representatives  on  a  letter  from  Virginia,  for  Committees  of 

Correspondence,  -.-------  400 

Letter  of  House  of  Representatives  to  other  Colonies,         -  -  -  -  401 

Proceedings  respecting  Governor  and  Lieutenant  Governor's  letters, injurious  to  the 

Province,  402 

Resolves  of  House  of  Representatives  respecting  said  letters,  -  404 

Message  from  the  Governor,  on  same  subject,      -  ••  409 

Reply  of  House  of  Representatives  to  the  foregoing,  -  -  409 

Governor's  Message,  respecting  power  of  Council  111  divorces,  410 

Answer  of  the  House  of  Representatives,  to  the  above,        -  -  4H 

Governor's  Message  on  his  going  to  England, 
Speech  of  Governor  Gage  to  both  Houses,  May,  1774, 
Answer  of  Council  to  the  above, 

Message  of  Governor  Gage  to  the  Council,  415 

General  C«urt  dissolved,  June  17, 1774,  416 

Delegates  chosen  to  a  Continental  Congress,  and  Provincial  Congress  proposed.  -  41f> 

Message  from -Provincial  Congress,  October,  1774,  to  Governor  Gage, 
Address  of  Provincial  Congress  to  the  people, 
Concluding  paragraph,       -  ~          •* 


riuMt  uat 

CIRCULATION  DEPARTMENT 
MAIN  LIBRARY 

This  book  is  due  on  the  last  date  stamped  below. 
1 -month  loans  may  be  renewed  by  calling  642-3405. 
6-month  loans  may  be  recharged  by  bringing  books 

to  Circulation  Desk. 
Renewals  and  recharges  may  be  made  4  days  prior 

to  due  date. 

ALL  BOOKS  ARE  SUBJECT  TO  RECALL  7  DAYS 
AFTER  DATE  CHECKED  OUT. 


.  19753 


M   \ 


'••:  ;'        '....-:•' 


.i  F 


TIC.  C!R.    MAR  1  0   123° 


rr- 


Rci  v 


1  3 


r 

jrma 


LD21 — A-40m-12/74 
(S2700L) 


General  Library 

University  of  California 

Berkeley 


U.C.BERKELEY  LIBRARIES 


I  / 


/ 

THE  UNIVERSITY  OF  CALIFORNIA  LIBRARY 


